Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 11, 1993 and adjourned Tuesday, March 23, 1993, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1993 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 11, 1993 through March 4, 1993. Volume II contains March 5, 1993 through March 23, 1993 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 11, 1993 and adjourned Tuesday, March 23, 1993
VOLUME I
1993 Atlanta, Ga.
^MB^
W Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1993-1994
THOMAS B. MURPHY .......................................... Speaker 18th DISTRICT, HARALSON COUNTY
JACK CONNELL ....................................... Speaker Pro Tern 115th DISTRICT, RICHMOND COUNTY
ROBERT E. RIVERS, JR. ........................................... Clerk HARALSON COUNTY
ELMORE C. THRASH ......................................... Messenger LOWNDES COUNTY
BEN JESSUP................................................. Doorkeeper BLECKLEY COUNTY
STAFF OF THE CLERK'S OFFICE
CAROLYN PETTUS ....................................... Assistant Clerk GWINNETT COUNTY
JANE C. MAYO ............................................ Journal Clerk COBB COUNTY
BOBBIE JOHNSON........................... Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH ............... Assistant Clerk for Information Systems DOUGLAS COUNTY
CHRISTEL RAASCH................. Assistant Clerk for Public Information DeKALB COUNTY
ARTHUR VINING ............... Assistant Clerk for Printing & Distributing NEWTON COUNTY
CAROLYN NORRIS........................................ Calendar Clerk DeKALB COUNTY
CICERO LUCAS .............. Assistant Clerk for Administrative Assistance GWINNETT COUNTY

MONDAY, JANUARY 11, 1993

1

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 11, 1993

The Representatives-elect of the General Assembly of Georgia for the years 1993-1994 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.
Prayer was offered by the Reverend Herman B. Parker, First Baptist Church, Bremen, Georgia.
The members pledged allegiance to the flag.
The following communication from the Honorable Max Cleland, Secretary of State, certifying the Representatives-elect for the years 1993-1994, was received and read:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached ten pages are a true and correct list of the State Representatives as elected in
the November 3, 1992 General Election; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and
affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of January, in the year
of our Lord One Thousand Nine Hundred and Ninety-three and of the Independence of the United States of America the Two Hundred and Seventeenth.

(SEAL)

M Max Cleland Secretary of State

DISTRICT COUNTIES
1 Dade, Portion of Walker
2 Portion of Catoosa, Portion of Walker
3 Portion of Catoosa
4 Portion of Whitfield
5 Portion of Whitfield
6 Portion of Fannin, Murray, Portion of Whitfield
7 Portion of Fannin, Gilmer, Portion of Lumpkin, Union

NAME Brian Joyce
Mike Snow
McCracken (Ken) Poston, Jr. Gregory H. Kinnamon Harold Mann Charles (Judy) Poag
Carlton H. Colwell

PARTY (R)
(D)
(D) (D) (R) (D)
(D)

JOURNAL OF THE HOUSE,

8 Portion of Lumpkin,

Ralph Twiggs

(D)

Rabun, Towns, Portion

of White

9 Habersham, Portion

Bill Dover

(D)

of White

10 Gordon

Tom E. Shanahan

(D)

11 Chattooga, Portion

Tim Perry

(D)

Floyd, Portion of

Walker

12 Portion of Floyd

Paul E. Smith

(D)

13 Portion of Bartow,

E.M. (Buddy) Childera

(D)

Portion of Floyd

14 Portion of Bartow

Jeff Lewis

(D)

15 Portion of Cherokee,

Garland Pinholster

(R)

Pickens

16 Portion of Cherokee

Steve Stancil

(R)

17 Portion of Cherokee

Melanie Harris

(R)

18 Haralson, Portion of

Thomas B. Murphy

(D)

Paulding, Portion of Polk

19 Dawson, Portion of

David Hughes

(D)

Hall

20 Portion of Hall

Bobby Lawson

(D)

21 Portion of Hall

James Mills

(R)

22 Banks, Portion of

Jeanette Jamieson

(D)

Franklin, Stephens

23 Portion of Franklin,

Alan T. Powell

(D)

Hart

24 Portion of Clarke,

John Scoggins

(D)

Madison

25 Portion of Gwinnett,

Tommy Stephenson

(D)

Portion of Hall,

Jackson

26 Portion of Paulding

Charlie Watts

(D)

27 Portion of Bartow,

Bill Cummings

(D)

Potion of Polk

28 Portion of Forsyth

Mike Evans

(R)

29 Portion of Cobb

Bill Atkins

(R)

30 Portion of Cobb

Matt A. Towery

(R)

31 Portion of Cobb

Lynda Coker

(R)

32 Portion of Cobb

John W. Hammond

(D)

33 Portion of Cobb

Roy E. Barnes

(D)

MONDAY, JANUARY 11, 1993

34 Portion of Cobb

Jack Vaughan

(R)

35 Portion of Cobb

Tom Cauthorn

(D)

36 Portion of Cobb

Earl Ehrhart

(R)

37 Portion of Cobb

Mitchell Kaye

(R)

38 Portion of Cobb

Kern W. Shipp

(R)

39 Portion of Cobb

Kip Klein

(R)

40 Portion of Cobb

Steven C. Clark

(R)

41 Portion of Fulton

Mark Burkhalter

(R)

42 Portion of Fulton

Tom Campbell

(R)

43 Portion of Fulton

Dorothy Felton

(R)

44 Portion of Fulton

Sharon Trense

(R)

45 Portion of Fulton

Mitch Skandalakis

(R)

46 Portion of Fulton

Kathy B. Ashe

(R)

47 Portion of Fulton

Jim Martin

(D)

48 Portion of Fulton

Grace W. Davis

(D)

49 Portion of Fulton

Pamela A. Stanley

(D)

50 Portion of Fulton

LaNett Stanley

(D)

51 Portion of Cobb,

J.E. (Billy) McKinney

(D)

Portion of Fulton

52 Portion of Fulton

Henrietta Mathis Canty

(D)

53 Portion of Fulton

Bob Holmes

(D)

54 Portion of Fulton

Tyrone Brooks

(D)

55 Portion of Fulton

Dick Lane

(D)

56 Portion of Fulton

Nan Orrock

(D)

57 Portion of Fulton

Georganna T. Sinkfield

(D)

58 Portion of Fulton

Sharon Beasley Teague

(D)

59 Portion of DeKalb

Bart Ladd

(R)

60 Portion of DeKalb

Max Davis

(R)

61 Portion of DeKalb

Doug Teper

(D)

62 Portion of DeKalb

Tom Sherrill

(D)

63 Portion of DeKalb

Betty Jo Williams

(R)

64 Portion of DeKalb

Tom Lawrence

(R)

65 Portion of DeKalb

Michele Henson

(D)

66 Portion of DeKalb

June Hegstrom

(D)

67 Portion of DeKalb

MikePolak

(D)

JOURNAL OF THE HOUSE,

68 Portion of DeKalb

JoAnn McClinton

(D)

69 Portion of DeKalb

Barbara J. Mobley

(D)

70 Portion of DeKalb

Thurbert E. Baker

(D)

71 Portion of DeKalb

Vernon Jones

(D)

72 Potion of DeKalb

Mamie M. Randolph

(D)

73 Portion of DeKalb

Henrietta E. Turnquest

(D)

74 Portion of DeKalb,

Barbara Jean Bunn

(R)

Portion of Rockdale

75 Portion of DeKalb,

Earl L. O'Neal

(D)

Portion of Rockdale

76 Portion of Gwinnett

Scott Dix

(R)

77 Portion of Gwinnett

Charles E. Bannister

(R)

78 Portion of Gwinnett

Ron Crews

(R)

79 Portion of Gwinnett

Bill Goodwin

(R)

80 Portion of Gwinnett

Brooks Coleman

(R)

81 Portion of Gwinnett

Ralph Johnston

(R)

82 Portion of Gwinnett

Vinson Wall

(R)

83 Portion of Gwinnett

John D. Dickinson

(R)

84 Portion of Gwinnett,

Jere W. Johnson

(R)

Portion of Walton

85 Portion of Forsyth,

Keith Breedlove

(R)

Portion of Gwinnett

86 Barrow, Portion of

John 0. Mobley, Jr.

(D)

Gwinnett

87 Portion of Walton

Tyrone Carrell

(D)

88 Portion of Clarke

Louise McBee

(D)

89 Portion of Clarke

Keith G. Heard

(D)

90 Elbert, Portion of

Charles W. Yeargin

(D)

Lincoln, Ogelthorpe,

Portion of Wilkes

91 Morgan, Portion of

Frank E. Stancil

(D)

Newton, Oconee

92 Portion of Newton

Denny M. Dobbs

(D)

93 Portion of Clayton

Frank I. Bailey, Jr.

(D)

94 Portion of Clayton

William J. (Bill) Lee

(D)

95 Portion of Clayton

Gail M. Buckner

(D)

96 Portion of Clayton

Jimmy W. Benefield

(D)

97 Portion of Clayton

Gail Johnson

(R)

MONDAY, JANUARY 11, 1993

98 Portion of Douglas

Bill Hembree

(R)

99 Portion of Douglas

Dennis Chandler

(D)

100 Portion of Carroll

Charles Thomas

(D)

101 Portion of Carroll

John Simpson

(D)

102 Harris, Portion of

Vance C. Smith, Jr.

(R)

Muscogee, Portion

of Talbot, Portion

of Troup

103 Portion of Coweta,

Donna Staples Brooks

(R)

Heard

104 Portion of Coweta,

Lynn A. Westmoreland

(R)

Portion of Fayette

105 Portion of Fayette

Dan Lakly

(R)

106 Portion of Coweta,

John Yates

(R)

Portion of Spalding

107 Portion of Henry,

John Carlisle

(D)

Portion of Spalding

108 Portion of Henry

Leland Maddox

(R)

109 Butts, Portion of

Larry Smith

(D)

Henry, Portion of

Lamar

110 Jasper, Portion of

Curtis S. Jenkins

(D)

Jones, Portion of

Lamar, Monroe

111 Greene, Portion of

R.M. (Mickey) Channell

(D)

Putnam, Taliaferro,

Portion of Warren,

Portion of Wilkes

112 Portion of Columbia,

Bobby Harris

(D)

Portion of Lincoln,

Portion of McDuffie

113 Portion of Columbia

Martha W. Moore

(R)

114 Portion of Columbia,

Robin L. Williams

(R)

Portion of Richmond

115 Portion of Richmond

Jack Connell

(D)

116 Portion of Burke,

Bettieanne Childers Hart

(D)

Portion of Richmond

117 Portion of Richmond

George M. Brown

(D)

118 Portion of Richmond

Henry Howard

(D)

119 Portion of Burke,

Mike Padgett

(D)

Portion of Richmond

JOURNAL OF THE HOUSE,

120 Portion of Columbia,

Emory E. Bargeron

(D)

Glascock, Jefferson,

Portion of McDuffie,

Portion of Warren

121 Portion of Baldwin,

Jimmy Lord

(D)

Hancock, Washington

122 Portion of Baldwin,

Bobby Eugene Parham

(D)

Portion of Putnam

123 Portion of Jones, Twiggs, Wilkinson

Kenneth (Ken) W. Birdsong

(D)

124 Portion of Bibb

David E. Lucas

(D)

125 Portion of Bibb

Denmark Groover, Jr.

(D)

126 Portion of Bibb

Robert A.B. Reichert

(D)

127 Portion of Bibb

William C. (Billy) Randall

(D)

128 Portion of Bibb,

Robert Ray

(D)

Portion of Crawford,

Portion of Houston,

Portion of Peach

129 Pike, Upson

Robert M. "Mack" Crawford

(R)

130 Portion of Troup

Wade Milam

(D)

131 Portion of Coweta,

Carl Von Epps

(D)

Portion of Meriwether,

Portion of Troup

132 Portion of Muscogee

Ronnie Culbreth

(D)

133 Portion of Muscogee

Carolyn F. Hugley

(D)

134 Portion of Chatta-

Maretta M. Taylor

(D)

hoochee, Potion of

Muscogee

135 Portion of Muscogee

Thomas B. Buck, III

(D)

136 Portion of Muscogee

Calvin Smyre

(D)

137 Portion of Chatta-

Jimmy Skipper

(D)

hoochee, Portion of

Marion, Portion of

Meriwether, Portion

of Schley, Portion

of Sumter, Portion of

Talbot, Portion of

Taylor

138 Portion of Crisp

Johnny W. Floyd

(D)

Portion of Dooly,

Portion of Houston,

Pulaski

139 Portion of Houston

Roy H. (Sonny) Watson, Jr.

(D)

MONDAY, JANUARY 11, 1993

140 Portion of Crawford,

Lynmore James

(D)

Portion of Dooly,

Macon, Portion of

Peach, Portion of

Schley, Portion of

Taylor

141 Portion of Crisp,

Larry Walker

(D)

Portion of Dooly,

Portion of Houston

142 Bleckley, Dodge,

Terry L. Coleman

(D)

Portion of Laurens,

Portion of Telfair

143 Portion of Laurens

DuBose Porter

(D)

144 Emanuel, Johnson,

Larry J. "Butch" Parrish

(D)

Truetlen

145 Portion of Bulloch,

John F. Godbee

(D)

Candler, Jenkins

146 Portion of Bulloch,

Bob Lane

(D)

Screven

147 Portion of Bryan,

Ann R. Purcell

(D)

Effinghani

148 Portion of Chatham

Diane Harvey Johnson

(D)

149 Portion of Chatham

Dorothy B. Pelote

(D)

150 Portion of Chatham

Sonny Dixon

(D)

151 Portion of Chatham

Tom Bordeaux

(D)

152 Portion of Chatham

Anne Mueller

(R)

153 Portion of Chatham

Eric Johnson

(R)

154 Portion of Bryan,

Clinton Oliver

(D)

Evans, Portion of

Liberty, Tattnall

155 Montgomery, Toombs,

Fisher Barfoot

(D)

Wheeler

156 Ben Hill, Irwin,

Newt Hudson

(D)

Portion of Tift,

Wilcox

157 Portion of Lee,

Ray Holland

(D)

Turner, Portion of

Worth

158 Portion of Baker,

Gerald E. Greene

(D)

Calhoun, Clay, Portion

of Early, Portion of

Marion, Portion of

Mitchell, Quitman,

Randolph, Stewart

JOURNAL OF THE HOUSE,

159 Portion of Lee,

Bob Manner

(D)

Portion of Sumter,

Terrell, Webster

160 Portion of Decatur,

Cathy Cox

(D)

Portion of Early,

Miller, Seminole

161 Portion of Baker,

John White

(D)

Portion of Dougherty

162 Portion of Dougherty

Lawrence R. Roberts

(D)

163 Portion of Dougherty,

Tommy Chambless

(D)

Portion of Worth

164 Portion of Colquitt,

A. Richard Royal

(D)

Portion of Decatur,

Portion of Mitchell

165 Portion of Colquitt,

Henry Bostick

(D)

Portion of Tift

166 Berrien, Portion of

Hanson Carter

(D)

Colquitt, Portion

of Cook

167 Atkinson, Coffee

Van Streat, Sr.

(D)

168 Ware

Harry D. Dixon

(D)

169 Bacon, Brantley,

Tommy Smith

(D)

Portion of Charlton,

Portion of Glynn,

Portion of Pierce

170 Appling, Jeff Davis,

Roger C. Byrd

(D)

Portion of Telfair,

Portion of Wayne

171 Portion of Liberty,

Hinson Mosely

(D)

Long, Portion of

Pierce, Portion of

Wayne

172 Portion of Liberty

James M. (Jimmy) Floyd

(D)

173 Portion of Glynn,

B.C. Tillman

(D)

Portion of Liberty,

Mclntosh

174 Portion of Glynn

Willou Smith

(R)

175 Camden, Portion of

Charlie Smith, Jr.

(D)

Charlton

176 Clinch, Echols,

Robert L. Patten

(D)

Lanier, Portion of

Lowndes

177 Portion of Brooks,

Tim Golden

(D)

Portion of Cook,

Portion of Lowndes

MONDAY, JANUARY 11, 1993

178 Portion of Brooks,

Henry L. Reaves

(D)

Portion of Lowndes,

Portion of Thomas

179 Portion of Decatur,

Kermit F. ("K") Bates, Jr.

(D)

Portion of Grady,

Portion of Thomas

180 Portion of Grady,

Theo Titus, III

(R)

Portion of Thomas

D = Democrat R = Republican

The roll was called and the following Representatives-elect answered to their names:

Ashe Atkins Bailey
Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks J3 Brooks.T Brown Buck Buckner Bunn
Burkhalter Byrd Campbell Canty Carlisle Carrell Carter Cauthorn Chambless Chandler Channell Childers Clark Coker Coleman.B Coleman,T

Colwell Connell Cox Crawford Crews Culbreth Cummings Davis.G Davis,M Dickinson Dix Dixon,H Dixon.S Dobbs Dover Ehrhart Epps Evans Felton Floyd,J.M Floyd,J.W Godbee Golden
Greene
Groover
Hammond
Hanner
Harris.B
Harris.M
Hart
Heard
Hegstrom
Hembree
Henson
Holland

Holmes Howard Hudson Hughes Hugley James Jamieson Jenkins Johnson,D.H Johnson,E Johnson,G Johnson.J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lane.R Lawrence Lawson
Lee
Lewis
Lord
Lucas
Maddox
Mann
Martin
McBee
McCUnton
Milam
Mills
Mobley,B

Mobley,J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Par ham Parrish Patten Pelote Perry Pinholster Poag Polak Porter Poo ton Powell PurceU Randall Randolph Ray
Reaves
Reichert
Roberts
Royal
Scoggins
Shanahan
SherriU
Shipp
Simpson
Sinkfield
Skandalakis Skipper

Smith.C Smith.L Smith^ Smith.T Smith,V Smith,W Smyre Snow Stancil.F Stancil.S Stanley ,L Stanley,? Stephenson S treat Teague Teper Thomas.C Tillman Titus Towery Trense Turnquest Twiggs
Vaughan
Walker Wall
Watson
Watts
Westmoreland
White
Williams.B
Williams.R
Yates Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called: Representatives Goodwin of the 79th, McKinney of the 51st and Taylor of the 134th. They wish to be recorded as present.

The following oath of office was administered to the Representatives-elect by Judge Charles L. Games of the State Court, Fulton County, Georgia:

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

10

JOURNAL OF THE HOUSE,

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.

The following oath of office was administered to Representatives Taylor of the 134th and Goodwin of the 79th by Chief Judge Marion T. Pope, Jr., Georgia Court of Appeals:

I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Maretta M. Taylor /s/ Bill Goodwin of the 79th
State Representative
Sworn to and subscribed before me, this llth day of January, 1993.
/s/ Marion T. Pope, Jr. Chief Judge, Georgia Court of Appeals

The next order of business being the election of a Speaker of the House for the 1993-1994 term, Representative Walker of the 141st placed in nomination the name of the
Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Groover of the 125th.

Representative Ashe of the 46th placed in nomination the name of the Honorable
Steve Stancil of the 16th, which nomination was seconded by Representative Pinholster of the 15th.

Representative Walker of the 141st moved that the nominations be closed. The motion prevailed.

The election of the Speaker was ordered on the roll call machine and by unanimous consent, those voting for Representative Murphy should vote "aye"; those voting for Representative Stancil should vote "nay".
The vote was as follows:

NAshe N Atkins Y Bailey Y Baker N Bannister YBarfoot

YBargeron Y Bames Y Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick N Breedlove N Brooks.D Y Brooks,T Y Brown Y Buck

Y Buckner N Bunn N Burkhalter Y Byrd N Campbell Y Canty

Y Carlisle Y Catrell Y Carter Y Cauthorn Y Chambless Y Chandler

MONDAY, JANUARY 11, 1993

11

Y Channell Y Childere N Clark N Coker N Coleman,B Y Coleman.T Y Colwell
Y Cornell YCox N Crawford
N Crews Y Culbreth Y Cummings Y Davis,G N Davis,M N Dickinson
NDix Y Dixon,H
Y Dkon,S YDobbs Y Dover
NEhrhart YEpps N Evans
N Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden N Goodwin

Y Greene Y Groover Y Hammond Y Manner Y Harris,B N Harris.M YHart Y Heard Y Hegstrom N Hembree YHenson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins
Johnson,D.H
N Johmon.E N Johnson.G Y Johnson,J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein

NLadd NLakly Y Lane,D YLane.R N Lawrence
Lawson YLee Y Lewis YLord Y Lucas N Maddoi NMann Y Martin YMcBee Y McClinton Y McKinney,B YMilam N Mills
Y Mobley,B Y Mobley,J N Moore YMosley N Mueller Y Oliver YO'Neal YOrrock
Y Padgett YParham YParrish Y Patten

Y Pelote Y Perry N Pinholster YPoag YPolak Y Porter
Poston Y PoweU YPurcell YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal YScoggins
Y Shanahan SherriU
N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper Y Smith.C
Y Smith,L Y Smith,P Y Smith,T N Smith,V N Smith,W

YSmyre YSnow Y Stancil,F NStanciLS
Y Stanley,L Y Stanley,P Y Stephernon YStreat Y Taylor YTeague
Teper
Y Thomas,C Y Tillman Y Titus
N Towery NTrense
Turnquest YTwiggs NVaughan Y Walker
YWall Y Watson
Y Watte N Westmorland Y White
N Williams.B NWUliams,R N Yates YYeargin
Murphy,Spkr

On the election of the Speaker, the Honorable Thomas B. Murphy received 123 votes and the Honorable Steve Stencil received 49 votes.

The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, was thereby declared elected Speaker of the House for the ensuing term.

January 11, 1993
Mr. Clerk:
I respectfully abstain from the vote on the election of the Speaker of the House.
Sincerely, /s/ McCracken Poston, Jr.
District 3
Hand Delivered

Representative Johnson of the 148th 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 Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Harris of the 112th, Purcell of the 147th, Pelote of the 149th, Parrish of the 144th, Powell of the 23rd, Perry of the llth, Skipper of the 137th and Smyre of the 136th.

The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.

The next order of business being the election of a Clerk of the House for the 1993-1994 term, Representative Lee of the 94th placed in nomination the name of the

12

JOURNAL OF THE HOUSE,

Honorable Robert E. Rivers, Jr. of Haralson County, which nomination was seconded by Representative Smith of the 174th.

Representative Groover of the 125th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 179 votes, being the entire vote of the membership present.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.

The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Benefield of the 96th, Randall of the 127th, Dover of the 9th, Campbell of the 42nd, Davis of the 48th, Dixon of the 150th, McBee of the 88th and Thomas of the 100th.

The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Thomas B. Murphy, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
The next order of business being the election of a Speaker Pro Tempers for the House for the 1993-1994 term, the name of the Honorable Jack Connell of the 115th was placed in nomination by Representative Poag of the 6th, which nomination was seconded by Representative Sinkfield of the 57th.
Representative Walker of the 141st moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Speaker Pro Tempore of the House, the Honorable Jack Connell received 179 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Speaker Pro Tempore to the Speaker's stand the following members:
Representatives Skipper of the 137th, Parham of the 122nd, Greene of the 158th, Hudson of the 156th, Holmes of the 53rd, Martin of the 47th, Stanley of the 50th and Purcell of the 147th.
The Honorable Jack Connell of the 87th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him as Speaker Pro Tempore of the House of Representatives.
The next order of business being the election of a Messenger of the House for the 1993-1994 term, Representative Watts of the 26th placed in nomination the name of the

MONDAY, JANUARY 11, 1993

13

Honorable Elmore C. Thrash of Lowndes County, which nomination was seconded by Representative Reaves of the 178th.

Representative Walker of the 141st moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Elmore C. Thrash of Lowndes County received 179 votes, being the entire vote of the membership present.

The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:
Representatives Patten of the 176th, Golden of the 177th, Streat of the 167th, Titus of the 180th, Dixon of the 150th, Padgett of the 119th, Howard of the 118th and Cox of the 160th.

The Messenger was escorted to the Speaker's stand where he expressed his appreciation to the members for having elected him as Messenger of the House of Representatives.

The next order of business being the election of a Doorkeeper of the House, Representative Coleman of the 142nd placed in nomination the name of the Honorable Ben Jessup,
which nomination was seconded by Representative Hudson of the 156th.

Representative Coleman of the 142nd moved that the nominations be closed and that
the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the
House, the Honorable Ben Jessup received 179 votes, being the entire vote of the membership present.

The Honorable Ben Jessup was thereby declared elected Doorkeeper of the House for the ensuing term.

The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:
Representatives Lord of the 121st, Harris of the 112th, Coker of the 31st, Dover of the 9th, Cummings of the 27th, Lane of the 55th, Lane of the 146th and Randall of the 127th.

The Honorable Ben Jessup was escorted to the Speaker's stand where he expressed
his appreciation to the members for having elected him as Doorkeeper of the House of Representatives.

The following Resolution of the House was read and adopted:

HR 1. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.

14

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read:

HR 2. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1992 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1993 session, subject to the following amendments which are also hereby adopted:
Section 1. House Rule 5 is stricken in its entirety and a new rule is inserted in its place to read as follows:
"Rule 5. The Speaker shall appoint the following standing committees: (1) Agriculture and Consumer Affairs. (2) Appropriations. (3) Banks and Banking. (4) Children and Youth. {4} (5) Defense and Veterans Affairs. {6} M Education. (7) Ethics. {6} (8 Game, Fish, and Parks. {?} (9) Governmental Affairs. {8} (10) Health and Ecology. {9} (11) Human Relations and Aging. {10} (12) Industrial Relations. {44} (13) Industry. {43} (14) Insurance. {43} (15) Interstate Cooperation. (16) Intragovernmental Coordination. {14} (17) Journals. {46} (18) Judiciary. {16} (19) Legislative and Congressional Reapportionment. {17} (20) Motor Vehicles. {48} (21) Natural Resources and Environment. {49} (22) Public Safety. {30} (23) Regulated Beverages. {34} (24) Retirement. {33} (25) Rules. {33} (26) Special Judiciary. {34} (27) State Institutions and Property. {36} (28) State Planning and Community Affairs. {36} 291 Transportation. {37} (30) University System of Georgia. {38} (31) Ways and Means."
Section 2. House Rule 6 is amended by striking the second undesignated paragraph thereof and inserting in its place a new paragraph to read as follows:
"No member of the House shall be appointed to or serve on less than two or more than three standing committees of the House, with the exception of the Committee on Ethics, the Committee on Interstate Cooperation and the Committee on Intragovernmental Coordination."
Section 3. House Rule 29 is stricken in its entirety and a new rule is inserted in its place to read as follows:

MONDAY, JANUARY 11, 1993

15

"Rule 29. Swing the test 2i days ef each acaaion, the The Committee on Rules shall arrange and fix the calendar for each day's business for the last 21 days of each session. The rules calendar for each such day shall be set by the Committee on Rules on the legislative day prior to the legislative day on which the calendar shall be before the House. Copies of such calendar shall be printed and made available to the members of the House as quickly as is practicable following the setting of the calendar. Such calendar shall be a standing and continuing special order during such period. Only the Oommittce on Ivulcs may amend the rules calcnoftf during any legislative day except that aaeh calendar ay be changed by a throe-fourths' vote ef the members voting, pro-
VlQCu SUCH WlFGC ~IOUPtf!9 COH9 titU1C8 ft IMflJOF1ty Of 111 IQ6D1DCP9 ClCClCQ TO WIG W.OUSC.
There shall be no debate? however, on the adoption of the calendar of the Committee on Rules daring the last 3t days ef- the scaaion. The provisions of this rule concerning the time for setting of the calendar may be waived by majority vote of the members elected to the House; and in that event the Committee on Rules may meet at any time to set a rules calendar or supplemental rules calendar."
Section 4. House Rule 146 is amended by striking the next-to-last undesignated paragraph thereof and inserting in its place a new paragraph to read as follows:
"All reports of committees of conference shall be printed and distributed to the Representatives at least one hour prior to consideration of the same unless the printing efthe same such requirement is dispensed with by a majority vote of all members elected to the House."

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron YBarnes
Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthom Y Chambless Y Chandler Y Channell
Y Childere Y Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover YEhrhart YEpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Y Banner Y Harris,B Y Harris,M
YHart Heard
Y Hegstrom Y Hembree Y Henson
Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin YMcBee Y McClinton Y McKinney,B YMilam Y Mills

Mobley.B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

On the adoption of the Resolution, the ayes were 171, nays 0. The Resolution was adopted.

Y Smith,C Y Smith,L Y Smith,P
Smith.T Y Smith,V
Y Smith,W YSmyre
Snow Y Stancil,F
Y Stancil.S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C YTillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker YWall
Y Watson Y Watts Y Westmorland Y White Y Williams.B
Y Williams.R Y Yates YYeargin
Murphy,Spkr

16

JOURNAL OF THE HOUSE,

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 3. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Rektive to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1993 regular session of the General Assembly of Georgia and until otherwise provided for by resolution of the House:
Part 1.
Section 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
Section 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
Section 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
Section 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, roll-call operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.

MONDAY, JANUARY 11, 1993

17

Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount he was receiving at the time of adoption of this resolution by the House. In addition to that amount, he shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the executive, judicial, and legislative branches of state government. During his tenure of office, he shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him.
Part3.
Section 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
Part 4.
Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
Section 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
Section 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
Parts.
Section 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and

18

JOURNAL OF THE HOUSE,

other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
Section 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
Section 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
Section 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
Section 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn

Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDii Y Dixon.H Y Dixon.S
Dobbs Y Dover
Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M

Y FloydJ.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
JohnsonJXH Y Johnson.E
Johnson.G Y Johnson.J

Y Johnston Jones Joyce Kaye
Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney.B YMilam Y Mills Y Mobley,B Y MobleyJ Y Moore Y Mosley

Y Mueller Y Oliver Y O'Neal YOrrock
Padgett YParham YParrish
Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston Y Powell YPurcell YRandall
Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

MONDAY, JANUARY 11, 1993

19

Simpson YSinkfield Y Skandalakis Y Skipper YSmith,C YSmith,L YSmith,P
Y Smith,T

Y Smith.V Y Smith,W
Smyre Snow Y Stancil,F Y Stancil,S YStanley,L
Y Stanley,?

Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas.C Y Tillman
Y Titus

Towery Y Trense Y Tumquest Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution was adopted.

Y Watts Westmorland
Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 4. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, January 12, 1993, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

HR 5. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Tuesday, January 12, 1993, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 6. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

20

JOURNAL OF THE HOUSE,

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Harold G. Clarke, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 13, 1993, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

HR 7. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 14, 1993, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

The following Resolution of the House was read:

HR 8. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 15, 1993, and shall reconvene on Monday, February 1, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 1 may be as ordered by the Senate; and the hour for convening the House on February 1 may be as ordered by the House.

MONDAY, JANUARY 11, 1993

21

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks,D Y Brooks,T
Brown YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCos Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Y Dickinson YDix Y Dixon,H Y Dixon.S
Dobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner
Harris.B Y Harris,M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G
Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly YLane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas
Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney,B YMilam
Y Mills

Y Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution was adopted.

Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith,V
Y Smith,W Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeagoe YTeper Y Thomas,C Y Tillman Y Titus
Y Towery YTrense Y Tumquest Y Twiggs Y Vaughan Y Walker YWall Y Watson
Y Watts Y Westmorland Y White Y Williams,B Y WiUiams,R Y Yates Y Yeargin
Murphy.Spkr

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

HB 1. By Representative Lane of the 55th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Development Impact Fee Act," so as to change the definitions of certain terms; to define additional terms; to change the provisions relating to the imposition of development impact fees.
Referred to the Committee on State Planning & Community Affairs.

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th, Mobley of the 86th and Dover of the 9th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.
Referred to the Committee on State Planning & Community Affairs.

22

JOURNAL OF THE HOUSE,

HB 3. By Representative Lane of the 55th:
A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places.
Referred to the Committee on Health & Ecology.

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
Referred to the Committee on Motor Vehicles.

HB 5. By Representative Lane of the 55th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit transporting a passenger under 18 in the uncovered bed of a pickup truck on an interstate or four lane highway.
Referred to the Committee on Motor Vehicles.

HB 6. By Representative Lane of the 55th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the schools, so as to repeal the provisions relating to the use of corporal punishment on pupils in public schools.
Referred to the Committee on Education.

HB 7. By Representative Godbee of the 145th:
A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 8. By Representative Smith of the 102nd:
A bill to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 9. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to change the commissioner districts in said county.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, JANUARY 11, 1993

23

HB 10. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to the discretion of the court in custody disputes, so as to authorize a court to enter a temporary award of custody in an action to change child custody pending final judgment.
Referred to the Committee on Judiciary.

HB 11. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of AthensClarke County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 12. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 13. By Representative Porter of the 143rd:
A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 14. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 15. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 16. By Representative Greene of the 158th:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

24

JOURNAL OF THE HOUSE,

HB 17. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 18. By Representatives Porter of the 143rd, Jamieson of the 22nd, Smith of the 12th, Lawson of the 20th, Teper of the 61st and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to add a new Chapter 28 to impose requirements for the awarding of grants by the state.
Referred to the Committee on Appropriations.

HB 19. By Representatives Greene of the 158th and Skipper of the 137th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 20. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 21. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insurance, so as to repeal the requirement that a driver's vehicle registration and license plate are suspended for failure to maintain proof of insurance.
Referred to the Committee on Motor Vehicles.

HB 22. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-59 of the Official Code of Georgia Annotated, relating to reexamination of drivers believed to be incompetent or unqualified, so as to change the time within which certain drivers may request a hearing concerning a revocation of their licenses.
Referred to the Committee on Motor Vehicles.

HB 23. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the authority of the department with respect to furnishing compilations of lists of persons involved in motor vehicle accidents.
Referred to the Committee on Motor Vehicles.

MONDAY, JANUARY 11, 1993

25

HB 24. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license.
Referred to the Committee on Motor Vehicles.

HB 25. By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require Georgia residents to maintain proof of vehicle registration in such motor vehicle at all times; to provide a minimum fine for certain driver's license violations.
Referred to the Committee on Motor Vehicles.

HB 26. By Representative Parham of the 122nd:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the period for which any person convicted of a second or subsequent offense of failure to provide proof of insurance must maintain proof of financial responsibility with the Department of Public Safety.
Referred to the Committee on Motor Vehicles.

HB 27. By Representative Parham of the 122nd:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide that it is a misdemeanor to ride a horse on a roadway after dark.
Referred to the Committee on Motor Vehicles.

HB 28. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain reinstatement fees; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and giving proof of financial responsibility, so as to change certain reinstatement fees; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain reinstatement fees.
Referred to the Committee on Motor Vehicles.

HB 29. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon.
Referred to the Committee on Public Safety.

26

JOURNAL OF THE HOUSE,

HB 30. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time allowances, so as to change the provisions relating to the inmate records maintained by the sheriff and the inspection of such records.
Referred to the Committee on Public Safety.,

HB 31. By Representative Parham of the 122nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to increase the minimum fines for fleeing or eluding a police officer.
Referred to the Committee on Motor Vehicles.

HB 32. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the penalty for false application for or improper use of a license.
Referred to the Committee on Motor Vehicles.

HB 33. By Representative Hanner of the 159th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 34. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon certain persons who operate vehicles without having required revalidation decals affixed to the license plates thereof.
Referred to the Committee on Motor Vehicles.

HB 35. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 36. By Representatives Pinholster of the 15th, Porter of the 143rd, Stancil of the 16th, Lawrence of the 64th, Harris of the 17th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to add a new Chapter 28 to impose requirements for the awarding of grants by the state.
Referred to the Committee on Appropriations.

MONDAY, JANUARY 11, 1993

27

HB 37. By Representatives Coleman of the 142nd, Henson of the 65th, Cox of the 160th, Hegstrom of the 66th, Martin of the 47th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offenses of stalking and aggravated stalking; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide conditions under which persons charged with the offenses of stalking or aggravated stalking may be entitled to pretrial release.
Referred to the Committee on Judiciary.

HB 38. By Representatives Powell of the 23rd, Cummings of the 27th and Atkins of the 29th:

A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of

Georgia Annotated, relating to the creation, administration, and management

of assets of the Teachers Retirement System of Georgia, so as to authorize

the board of trustees of such system to deduct from benefit payments the

membership dues of certain nonprofit organizations under certain circum-

stances.

*

Referred to the Committee on Retirement.

HB 39. By Representatives Powelljof the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th: a A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
Referred to the Committee on Industry.

HB 40. By Representatives Snow of the 2nd, Howard of the 118th, Williams of the 114th, Parham of the 122nd and Mobley of the 86th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to evidence and subpoenas and notices to produce in general, so as to change the provisions relating to witness fees for certain law enforcement officers and arson investigators; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, and Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies.
Referred to the Committee on Judiciary.

HB 41. By Representatives Coleman of the 142nd, Walker of the 141st and Parrish of the 144th:
A bill to be known as the "Budgetary Responsibility Act of 1993"; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, so as to create the Budgetary Responsibility Oversight Committee.
Referred to the Committee on Appropriations.

28

JOURNAL OF THE HOUSE,

HB 42. By Representatives Cauthorn of the 35th, Klein of the 39th, Vaughan of the 34th, Hammond of the 32nd, Barnes of the 33rd and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit.
Referred to the Committee on Judiciary.

HB 43. By Representatives Cauthorn of the 35th, Hammond of the 32nd and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure, so as to provide a finding of the General Assembly; to provide for the transfer of civil actions from the superior court to the state court of the county where the action is pending in certain circumstances.
Referred to the Committee on Judiciary.

HB 44. By Representatives Davis of the 60th and Mann of the 5th:
A bill to amend Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts of counties and municipalities, so as to provide that no county or municipality shall be authorized to enter into, execute, amend, or renew any multiyear lease, purchase, or lease purchase contract pursuant to the authority of such Code section on or after a certain date.
Referred to the Committee on Appropriations.

HB 45. By Representatives Davis of the 60th and Mann of the 5th:
A bill to amend Code Section 20-2-506, relating to multiyear lease, purchase, or lease purchase contracts of county, independent, and area school systems, so as to provide that no county, independent, or area school system shall be authorized to enter into, execute, amend, or renew any multiyear lease, purchase, or lease purchase contract pursuant to the authority of such Code section on or after a certain date.
Referred to the Committee on Appropriations.

HB 46. By Representatives Twiggs of the 8th, Colwell of the 7th, Coleman of the 142nd, Dover of the 9th, Lucas of the 124th and others:
A bill to amend Code Section 27-1-35 of the Official Code of Georgia Annotated, relating to the jurisdiction of the probate courts over violations of the wildlife laws, so as to provide that when a person is arrested for violation of any wildlife law, the arresting officer shall issue to such offender a summons to appear before the probate court.
Referred to the Committee on Public Safety.

HB 47. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that a child under the age of 18 years may consent to the recording and divulging of any conversation to which such child is a party to such conversation.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 11, 1993

29

HB 48. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that it shall not be unlawful for a person acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
Referred to the Committee on Judiciary.

HB 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state programs or operations.
Referred to the Committee on Judiciary.

HB 50. By Representative Poston of the 3rd:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions applicable to bonds and recognizances, so as to provide that with respect to professional sureties or bail bondsmen used in misdemeanor and felony cases within a county, the sureties approval board of the county shall approve such professional sureties or bail bondsmen and the sheriff shall be required to accept the professional sureties or bail bondsmen so approved.
Referred to the Committee on Public Safety.

HB 51. By Representative Poston of the 3rd:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain prior service.
Referred to the Committee on Retirement.

HB 52. By Representative Poston of the 3rd:
A bill to amend Code Section 4-11-2 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Animal Protection Act," so as to remove the exemption that a veterinary hospital or clinic shall not constitute the veterinarian a pet dealer, kennel, or stable under the provisions of this Act.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 53. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to increase the amount that a superior court clerk shall be paid when performing additional duties as clerk of another court.
Referred to the Committee on Judiciary.

30

JOURNAL OF THE HOUSE,

HB 54. By Representative Poston of the 3rd:
A bill to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to the nomination or election of candidates for public office by majority vote, so as to provide for an exception with respect to the election of candidates to fill federal offices.
Referred to the Committee on Governmental Affairs.

HB 55. By Representative Poston of the 3rd:
A bill to amend Code Section 40-2-90 of the Official Code of Georgia Annotated, relating to the operation of vehicles registered in other states, so as to authorize law enforcement officers to stop and question nonresident and visiting drivers suspected of operating vehicles in violation of said Code section without requiring a moving violation.
Referred to the Committee on Public Safety.

HB 56. By Representative Poston of the 3rd:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the imposition of a joint county and municipal excise tax on the sales and use of lottery tickets within special districts.
Referred to the Committee on Ways & Means.

HB 57. By Representative Jones of the 71st:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 58. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 59. By Representatives Snow of the 2nd, Lane of the 146th, Smith of the 109th, Floyd of the 172nd, Perry of the llth and others:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state sales and use tax, so as to provide that such tax shall not apply to certain casual sales or uses.
Referred to the Committee on Ways & Means.

HB 60. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
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 change certain provisions relating to bona fide conservation use property.
Referred to the Committee on Ways & Means.

MONDAY, JANUARY 11, 1993

31

HB 61. By Representative Dover of the 9th:
A bill to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to authorize the exercise of certain privileges by emergency medical technicians driving a motor vehicle which is not an authorized emergency vehicle when responding to an emergency call.
Referred to the Committee on Motor Vehicles.

HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax digest, so as to change certain provisions relating to the appointment of boards of arbitrators.
Referred to the Committee on Ways & Means.

HB 63. By Representative Dover of the 9th:
A bill to amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be construed to prohibit any person performing any embryo transfer process.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 64. By Representative Dover of the 9th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to change certain provisions regarding the contents of the ordinance or resolution of the governing authority calling for the imposition of the tax.
Referred to the Committee on Ways & Means.

HB 65. By Representatives Dover of the 9th, Royal of the 164th, Harris of the 112th and Skipper of the 137th:
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 change certain provisions relating to advertisement of certain property tax increases.
Referred to the Committee on Ways & Means.

HB 66. By Representatives Dover of the 9th, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
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 change certain provisions relating to advertisement of certain property tax increases; to change certain provisions relating to bona fide conservation use property.
Referred to the Committee on Ways & Means.

32

JOURNAL OF THE HOUSE,

HB 67. By Representatives Dover of the 9th, Dixon of the 150th, Byrd of the 170th and Hegstrom of the 66th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historical areas, memorials, and recreation, so as to provide for permits and agreements for the archeological field research of prehistoric sites, burial grounds, and other areas; to amend Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to dead bodies, so as to provide procedures to be followed in the event of the discovery of human remains.
Referred to the Committee on Game, Fish & Parks.

HB 68. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th and Coleman of the 142nd:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to provide that members shall receive a per diem allowance.
Referred to the Committee on State Planning & Community Affairs.

HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insurance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.
Referred to the Committee on Insurance.

HB 70. By Representative Holland of the 157th:
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 define certain terms; to provide that sellers and lessors of telephone systems shall provide a statement of warranty of the availability of service and parts.
Referred to the Committee on Industry.

HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such person's legal guardian or guardian ad litem.
Referred to the Committee on Special Judiciary.

HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 11, 1993

33

HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.
Referred to the Committee on Special Judiciary.

HB 74. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code section.
Referred to the Committee on Ways & Means.

HB 75. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over certain earlier perfected security interests.
Referred to the Committee on Special Judiciary.

HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to provide for the issuance of a display certificate of licensure by the Commissioner of Insurance.
Referred to the Committee on Insurance.

HB 78. By Representatives Williams of the 114th, Parham of the 122nd and Connell of the 115th:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to special license plates for veterans awarded a Purple Heart citation, so as to remove the requirement that such persons shall be required to pay an annual fee for such plates in the amount of $25.00.
Referred to the Committee on Motor Vehicles.

34

JOURNAL OF THE HOUSE,

HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th, Barnes of the 33rd and Thomas of the 100th:
A bill to amend Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a threejudge panel to sentences of imprisonment of 12 or more years or several consecutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.
Referred to the Committee on Special Judiciary.

HB 80. By Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change certain provisions relating to expenses of members of the General Assembly and reimbursement for such expenses; to change provisions relating to per diem; to change the amount of the daily expense allowance.
Referred to the Committee on Rules.

HB 81. By Representatives Purcell of the 147th, Cummings of the 27th, Oliver of the 154th, Birdsong of the 123rd, Byrd of the 170th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment and for a definition relative thereto.
Referred to the Committee on Retirement.

HB 82. By Representatives Walker of the 141st, Coleman of the 142nd, Holmes of the 53rd, Murphy of the 18th, Lee of the 94th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers and telephone facsimile numbers, if applicable, to which responses and inquiries may be directed.
Referred to the Committee on Rules.

HB 83. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Skipper of the 137th, Smith of the 109th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Efficiency 2000 Act".
Referred to the Committee on State Planning & Community Affairs.

HB 84. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Scoggins of the 24th, Buck of the 135th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide for the automatic termination on a certain date of any municipal corporation which does not provide certain governmental services.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 11, 1993

35

HB 85. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require that unmarried minors who are applicants or recipients of assistance under that article must live in a place maintained by the minor's parent, legal guardian, or adult relative or in a living arrangement supervised by an adult.
Referred to the Committee on Children & Youth.

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, beginning July 1, 1993, and ending June 30, 1994.
Referred to the Committee on Appropriations.

HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.
Referred to the Committee on Ways & Means.

HB 88. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave.
Referred to the Committee on Retirement.

HB 89. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to require certain employers to report the hiring and rehiring of certain employees to the Georgia state support registry.
Referred to the Committee on Children & Youth.

HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing.
Referred to the Committee on Judiciary.

36

JOURNAL OF THE HOUSE,

HB 91. By Representatives Snow of the 2nd, Padgett of the 119th and Perry of the llth:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of

Georgia Annotated, relating to state symbols, so as to designate "Old Georgia

Land" as the official state poem.

%

Referred to the Committee on Education.

HB 92. By Representative Williams of the 114th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 93. By Representatives Ray of the 128th, Snow of the 2nd and Bates of the 179th:
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 enact the "Motorized Wheelchair Warranty Act".
Referred to the Committee on Industry.

HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
Referred to the Committee on Motor Vehicles.

HB 95. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provisions relating to unauthorized interference with publicly provided trash or garbage containers; to prohibit the removal of any items from any container or facility provided by any county for the dumping of trash or garbage.
Referred to the Committee on Industry.

HB 96. By Representatives Brooks of the 54th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th, Stanley of the 49th and others:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide that the governing authority of each county of this state shall consist of a board of commissioners; to provide for the election of chairman and members of county boards of commissioners; to provide for single-member commissioner districts.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 11, 1993

37

HB 97. By Representatives Brooks of the 54th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th and Stanley of the 49th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunity in this state without regard to race, color, religion, sex, or national origin.
Referred to the Committee on Industry.

HB 98. By Representatives Brooks of the 54th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th and Stanley of the 49th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that any county or municipal corporation may create a fair rent commission; to provide that such commission may conduct investigations, hold hearings, and receive complaints relative to rental charges on housing accommodations.
Referred to the Committee on State Planning & Community Affairs.

HB 99. By Representatives Brooks of the 54th, McKinney of the 51st, Stanley of the 50th, Stanley of the 49th and White of the 161st:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Labor Relations Commission.
Referred to the Committee on Industry.

HB 100. By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd, McKinney of the 51st and Perry of the llth:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions.
Referred to the Committee on Health & Ecology.

HB 101. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Coleman of the 142nd, Skipper of the 137th and Bostick of the 165th:
A bill to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Attorney General, so as to change provisions relating to employment of private counsel by the Attorney General; to amend Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial control over acquisition of professional services, so as to make said chapter applicable to acquisition of legal services.
Referred to the Committee on Judiciary.

38

JOURNAL OF THE HOUSE,

HB 102. By Representatives Vaughan of the 34th, Cummings of the 27th, Harris of the 112th, Ehrhart of the 36th and Kaye of the 37th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by an elementary or secondary school or by a club, organization, or group sponsored by or associated with an elementary or secondary school.
Referred to the Committee on Ways & Means.

HB 103. By Representatives Greene of the 158th and Cox of the 160th:
A bill to reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 104. By Representatives Coleman of the 142nd and Murphy of the 18th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1993, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HB 105. By Representatives Coleman of the 142nd, Murphy of the 18th and Walker of the 141st:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1994, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HR 10. By Representatives Lane of the 55th, Bostick of the 165th and Greene of the 158th:
A resolution proposing an amendment to the Constitution so as to require the State of Georgia to fund 90 percent of the cost necessary to implement programs or activities mandated by the state upon counties, municipalities, or school boards or any combination thereof.
Referred to the Committee on Appropriations.

HR 11. By Representatives Johnson of the 153rd and Towery of the 30th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of terms of office which may be served by members of the House of Representatives and Senate of the United States, the General Assembly, the Lieutenant Governor, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Rules.

MONDAY, JANUARY 11, 1993

39

HR 12. By Representatives Johnson of the 153rd, Towery of the 30th, Mueller of the 152nd and Kaye of the 37th:
A resolution proposing an amendment to the Constitution so as to provide that bills that propose to raise revenue or appropriate money shall require the approval of a majority of the members elected to each branch of the General Assembly in a roll-call vote and the approval of a majority of the qualified electors of the state voting in a referendum thereon.
Referred to the Committee on Ways & Means.

HR 13. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects for educational purposes.
Referred to the Committee on Ways & Means.

HR 14. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd, Lawson of the 20th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to create the office of the inspector general.
Referred to the Committee on Rules.

HR 15. By Representative Jones of the 71st: A resolution creating the State Flag Commission.
Referred to the Committee on Rules.

HR 16. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th, Burkhalter of the 41st and Stanley of the 50th:
A resolution creating the Joint Regionalization of Grady Memorial Hospital Study Committee.
Referred to the Committee on State Planning & Community Affairs.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 17. By Representatives Davis of the 48th, McKinney of the 51st and Brooks of the 54th:
A resolution to urge the members of the House of Representatives to refrain from smoking tobacco products while seated at their desks on the floor of the House chamber.

HR 18. By Representatives Porter of the 143rd, Jamieson of the 22nd, Smith of the 12th, Teper of the 61st, Lawson of the 20th and others:
A resolution amending the Rules of the House of Representatives.

40

JOURNAL OF THE HOUSE,

HR 19. By Representative Ray of the 128th:
A resolution commending the Georgia Peach Festival and inviting a representative of the festival to appear before the House of Representatives.

HR 20. By Representatives Royal of the 164th and Greene of the 158th:
A resolution inviting Coach Jack Johnson and his assistant coaches to appear before the House of Representatives.

HR 21. By Representatives Stancil of the 91st, Buck of the 135th and Lane of the 146th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Representatives; recognizing the observance of 4-H Day at the state capitol.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 2. By Senators Garner of the 30th, Robinson of the 16th, and Hooks of the 14th:
A resolution to notify the House that the Senate has convened.

SR 4. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th:
A resolution to notify the Governor that the General Assembly has convened.
The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Coleman of the 1st, Turner of the 8th, Scott of the 36th and Hemmer of the 49th.

The following Resolution of the Senate was read and adopted:

SR 4. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th:
A resolution to notify the Governor that the General Assembly has convened.

The Speaker appointed as a Committee of Escort on the part of the House, the following members:
Representatives Walker of the 141st, Groover of the 125th, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th, Lee of the 94th and McBee of the 88th.

The following Resolution of the House was read and adopted:

MONDAY, JANUARY 11, 1993

41

HR 9. By Representative Murphy of the 18th:
A resolution recognizing the Bremen City School System and proclaiming 1993 as the centennial celebration year for education in Bremen.

The Speaker announced the following committee assignments:

AGRICULTURE & CONSUMER AFFAIRS

Reaves, Chairman
Floyd, Johnny, Vice-Chairman Purcell, Secretary
Buckner Carter
Coker Crawford
Dix Evans Godbee Greene

Holland
James Mills
Mosley Pinholster
Ray Roberts
Royal Stanley, LaNett Streat Titus

Coleman, Chairman
Parrish, Vice-Chairman Greene, Secretary Atkins Bailey
Bostick Buck Carlisle
Carter Chambless Childers
Colwell Connell
Cummings Davis, Grace
Dixon, Harry Dixon, Sonny Felton
Floyd, Jimmy Hanner
Harris, Bobby Holmes Hudson
Jenkins Lane, Dick Lane, Bob
Lee

APPROPRIATIONS
Lucas Martin McKinney Mueller Oliver Padgett Patten Porter Ray Reaves Simpson Sinkfield Smith, Larry Smith, Tommy Smith, Willou Smyre Snow Stancil, Frank Stancil, Steve Titus Twiggs Walker Watson Watts Williams, Betty Jo Dover, Ex-Officio Royal, Ex-Officio

Oliver, Chairman Floyd, Jimmy, Vice-Chairman
Milam, Secretary Ashe

BANKS & BANKING
Bailey Bates Carrell Golden

42

JOURNAL OF THE HOUSE,

Goodwin Hammond Hart Hughes Johnson, Diane Jones Klein Lakly Lawrence

Mills Padgett Parrish Poag Smith, Larry Towery Wall White

Sinkfield, Chairman McKinney, Vice-Chairman Carlisle, Secretary Cauthorn Johnson, Gail Lakly Lawson

CHILDREN & YOUTH
Maddox Martin McBee McClinton O'Neal Royal Taylor

DEFENSE & VETERANS AFFAIRS

Birdsong, Chairman Barfoot, Vice-Chairman , Poag, Secretary Bannister Bargeron Breedlove Bunn Crews Ehrhart

Epps Jones Mann Moore Padgett Poston Roberts Smith, Charlie Stephenson

Godbee, Chairman White, Vice-Chairman Taylor, Secretary Campbell Clark Coleman, Brooks Dover Hart Hugley Jones

EDUCATION
Kaye Kinnamon O'Neal Poston Purcell Sherrill Sinkfield Smith, Charlie Stephenson Trense

Chambless, Chairman Connell Groover Lawrence
Hanner, Chairman Pelote, Vice-Chairman Buckner, Secretary Burkhalter Channell

ETHICS
Lee Smith, Willou Stancil, Steve Walker GAME, FISH & PARKS
Coker Cox Davis, Max Joyce

MONDAY, JANUARY 11, 1993

43

Milam Poag

Titus Twiggs

Holmes, Chairman Cauthorn, Vice-Chairman Canty, Secretary Barnes Chandler

GOVERNMENTAL AFFAIRS
Goodwin Hembree Holland Kinnamon Patten

Childers, Chairman Hudson, Vice-Chairman Carrell, Secretary Bordeaux Culbreth Dickinson Heard Henson Hughes Johnson, Eric McKinney O'Neal

HEALTH & ECOLOGY
Orrock Parham Randall Shipp Simpson Skandalakis Skipper Smith, Tommy Stephenson Vaughan Wall Williams, Robin

HUMAN RELATIONS & AGING

Lucas, Chairman Davis, Grace, Vice-Chairman Sherrill, Secretary Crawford Hegstrom Lawrence Lewis Maddox

McClinton Randolph Scoggins Smith, Vance Teper Tillman Trense Yates

Smyre, Chairman Howard, Vice-Chairman Bordeaux, Secretary A**6 . Banmster
BunT Campbell Dover Johnson, Gail

INDUSTRIAL RELATIONS
Kinnamon Lewis Mann Martin Orrock
Skandalakis Stanley, Pam Turnquest White

Watson, Chairman Brooks, Tyrone, Vice-Chairman Ray, Secretary Atkins Barfoot Bargeron

INDUSTRY
Burkhalter Byrd Chandler Dixon, Sonny Heard Henson

44

JOURNAL OF THE HOUSE,

Hughes Hugley Johnson, Eric Johnston Lee Polak Powell

Reichert Skipper Smith, Willou Teper Towery Westmoreland Williams, Betty Jo

Lord, Chairman Culbreth, Vice-Chairman Henson, Secretary Bannister Brown Canty Ehrhart Groover Heard

INSURANCE
Johnson, Diane Ladd Lawson Lucas Shipp Stanley, Pam Towery Turnquest Williams, Robin

Padgett, Chairman Carter

INTERSTATE COOPERATION

Byrd, Chairman

INTRA-GOVERNMENTAL COORDINATION

Bargeron, Chairman Byrd, Vice-Chairman Yeargin, Secretary Johnston

JOURNALS
Mosley Orrock Westmoreland

Thomas, Chairman Bostick, Vice-Chairman Hammond, Secretary Baker Banf8 BCaomrdpebaeulxl
Cauthorn
Chambless
Cox

JUDICIARY
Davis, Max Groover Hart Lawson Poston nRei. c,her,t Simpson Skandalakis Walker

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT

Smith, Tommy, Chairman Yeargin, Vice-Chairman Perry, Secretary Brooks, Donna Bunn Dix Felton

Hammond Harris, Melanie Hegstrom Holland Johnson, Gail Lawrence Lewis

MONDAY, JANUARY 11, 1993

45

Polak Purcell Scoggins

Westmorland Yates

Martin, Chairman Ashe Baker

MARTOC
Sinkfield Dover, Ex-Officio Lane, Dick, Ex-Officio

Parham, Chairman Harris, Bobby, Vice-Chairman Powell, Secretary Bostick Clark Dixon, Harry

MOTOR VEHICLES
Hembree Porter Roberts Teague Williams, Robin Yates

NATURAL RESOURCES AND ENVIRONMENT

Patten, Chairman Carter, Vice-Chairman Bailey, Secretary Ashe Barfoot Breedlove Carlisle CCoolleemmaann,, BTerorroyks Dobbs
Evans Floyd, Jimmy
Floyd, Johnny Hanner
James

Jamieson Johnson, Jere Lane, Bob Lord Mann Milam Porter r*>*,a0,v,eM*
Shanahan
Shipp Smith, Charlie
Teper Tillman
Vaughan

Twiggs, Chairman Mobley, John, Vice-Chairman Streat, Secretary Coker Coleman, Terry Davis, Grace

PUBLIC SAFETY
Dix Howard Jenkins Johnston Moore

Dixon, Harry, Chairman Brown, Vice-Chairman Golden, Secretary Atkins Barnes Clark Crawford

REGULATED BEVERAGES
Epps Harris, Melanie Mobley, Barbara Reichert Scoggins Teague

RETIREMENT

46

JOURNAL OF THE HOUSE,

Cummings, Chairman
Baker, Vice-Chairman McBee, Secretary Brooks, Tyrone Buckner Coleman, Brooks Crews
Floyd, Johnny James

Johnson, Jere
Kaye Mills Pelote Powell Randolph Shanahan
Smith, Vance Taylor

Lee, Chairman Groover, Vice-Chairman Stanley, LaNett, Secretary Baker Benefield Birdsong
|UJ| cL'rell Chambless Connell Davis, Max Hudson Lane, Dick

RULES
Mueller Parham Parrish Randall Smith, Willou Smyre
Stancil, Steve Thomas Walker Wall Watson Watts Williams, Betty Jo

Randall, Chairman Jenkins, Vice-Chairman Turnquest, Secretary
Crews Ehrhart
Goodwin

SPECIAL JUDICIARY
Joyce Klein Mobley, Barbara Mueller Shanahan

Davis, Grace Parrish

SPECIAL RULES (POLICY)
Purcell Watts

STATE INSTITUTIONS & PROPERTY

Colwell, Chairman Dobbs, Vice-Chairman
Smith, Larry, Secretary Bates Breedlove
Brooks, Tyrone Burkhalter Canty
Cox Dickinson

Greene Johnson, Diane
Joyce Lord Moore
Oliver Perry Smith, Paul
Teague Trense

STATE PLANNING AND COMMUNITY AFFAIRS

Lane, Dick, Chairman Watts, Vice-Chairman

Bates, Secretary Brooks, Donna

MONDAY, JANUARY 11, 1993

Channel! Dickinson Felton
Harris, Melanie Hembree
Howard Hugley
Jamieson

McClinton Mobley, John Randolph
Smith, Paul Stancil, Steve
Stanley, Pam Yeargin

Benefield, Chairman Snow, Vice-Chairman Streat, Secretary Birdsong Brooks, Donna Chandler
Dixon, Sonny Dobbs Epps Evans Godbee

TRANSPORTATION
Johnson, Jere Kaye Ladd Mobley, Barbara Mosley pe
Roister Sherrill Smith, Paul Smith, Vance Thomas Tilhnan

UNIVERSITY SYSTEM OF GEORGIA

Buck, Chairman Lane, Bob, Vice-Chairman
Stancil, Frank, Secretary Childers Connell
Golden Hegstrom
Johnson, Eric

Klein Lakly
Maddox McBee Pelote
Pinholster Polak
Stanley, LaNett

Dover, Chairman
Royal, Vice-Chairman Skipper, Secretary Benefield Culbreth
Cummings Harris, Bobby Holmes

WAYS & MEANS
Jamieson Ladd Mobley, John Snow Stancil, Frank Vaughan Coleman, Terry, Ex-Officio Parrish, Ex-Officio

The following communications were received:

State of Georgia Office of the Governor
Atlanta 30334-0900

Honorable Thomas B. Murphy
Speaker of the House of Representatives
State Capitol
Atlanta, Georgia 30334

47 May 8, 1992

48

JOURNAL OF THE HOUSE,

Dear Mr. Speaker:
I have vetoed House Bills 198, 245, 559, 613, 727, 1109, 1162, 1169, 1287, 1290, 1377, 1445, 1481, 1495, 1705, 1721, 1767, 1837, 1934 and 2021 which were passed by the General Assembly of Georgia at the 1992 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /a/ Zell Miller
ZM/cwc Attachments
cc: Honorable Pierre Howard, Lieutenant Governor of Georgia Honorable Robbie Rivers, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 18
House Bill 198 addressed some concerns relating to special elections. Subsequent to its passage, the author discovered that a critical section dealing with referendum provisions had been omitted and requested that I veto the bill. Accordingly, I hereby veto House Bill 198.

VETO NUMBER 37
House Bill 245 was a comprehensive revision of the laws relating to driver's licenses and motor vehicles. House Bill 1145 was also a comprehensive bill dealing with many of the same subjects as House Bill 245.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because certain provisions of House Bill 245 conflict with the provisions of House Bill 1145, I hereby veto House Bill 245 so as to not impliedly repeal House Bill 1145.

VETO NUMBER 38
House Bill 559 would provide for the licensing and regulation of irrigation contractors. Irrigation contractors are not currently licensed or regulated in Georgia.
Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 559 was never referred to the Georgia Occupational Regulation Review Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business.
The burden of regulating irrigation contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate irrigation contractors.
House Bill 559 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 559.

MONDAY, JANUARY 11, 1993

49

VETO NUMBER 35
House Bill 613 amended the law governing special license plates for firefighters. House Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates. House Bill 613 did not contain a $25.00 annual fee provision.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 613 conflict with the fee provisions of House Bill 1145, I hereby veto House Bill 613.

VETO NUMBER 32
House Bill 727 would allow local boards of education to adopt policies providing for sanctions against students who do not make restitution for lost or damaged textbooks or library books. Permitted sanctions include withholding transcripts, prohibiting the student from taking examinations or earning course credit, and withholding report cards, diplomas and additional textbooks or other books.
The State Board of Education forbids a local school from withholding transcript records because such transcripts are protected by the Federal Education Rights Privacy Act. House Bill 727 would directly contravene this policy of the State Board of Education.
The sanctions expressly stated in House Bill 727 potentially interrupt and interfere with a student's education. We must not lose sight of the fact that it is far more important to educate a child than to exact restitution from the child for the mere loss of a book. Lost books can be replaced; student drop-outs are forever lost. Accordingly, I hereby veto House Bill 727.

VETO NUMBER 41
House Bill 1109 as introduced would have changed the definition and applicability of state minimum standard codes in the design, erection, construction and alteration of buildings in this State. During debate, a floor amendment known as the "Handy-Man's Amendment" was attached to House Bill 1109 which would permit heating and air-conditioning, plumbing and electrical work be done by unlicensed contractors if the labor amount does not exceed $200.00.
There are several problems with the Handy-Man's Amendment. First and foremost, the Handy-Man's Amendment would circumvent and undermine the existing statutory requirement that persons who perform heating and air-conditioning, plumbing and electrical work be certified and licensed by the State. Secondly, under the language of the Handy Man's Amendment, it might be possible to perform jobs considerably larger than $200.00 labor cost by manipulating the cost of equipment and the cost of labor.
The licensing laws were enacted to protect the consumer against unsafe workmanship by ensuring that certain minimum building standards were met. I will not approve any measure which would potentially expose Georgia citizens to unsafe conditions in commercial and residential buildings. For these reasons, I hereby veto House Bill 1109.

VETO NUMBER 26
House Bill 1162 would require that the State Board of Human Resources include a licensed dentist, a consumer of services, a licensed nursing home administrator and a physically handicapped person.
The Board of Human Resources consists of 15 members. Current law requires that seven members of the board be engaged professionally in rendering health services and that five of those seven members be licensed to practice medicine.

50

JOURNAL OF THE HOUSE,

The Board of Human Resources sets policy for this State's largest department in many complex and diverse areas. With a statutory mission broadly embracing mental health, physical health, aging, and child and family protection, among other purposes, the Department and the Board of Human Resources should and does seek the advice of groups which may have a particular interest or expertise in a subject.
It is a difficult task to identify persons with the balance, the energy, the dedication and the interest to serve on a public board particularly one as comprehensive as the Board of Human Resources. I am of the opinion that the legislature should not further limit the pool of potential gubernatorial appointees by specifying additional qualifications of the Board by reference to professional or personal attributes.
For these reasons, I hereby veto House Bill 1162.

VETO NUMBER 31
House Bill 1169 as introduced imposed an additional condition on the requirement in the Comprehensive Solid Waste Management Act that no permit be issued for a biomedical waste incinerator unless the state does not presently have enough biomedical waste disposal facilities. The intention of the legislature in enacting the Comprehensive Solid Waste Management Act was to limit commercial biomedical waste disposal capacity to what Georgia hospitals, clinics and doctors needed.
During passage of House Bill 1169, an amendment was added which would effectively allow existing commercial biomedical waste incinerators to expand to any larger capacity without having to demonstrate the need for such capacity for Georgia's biomedical waste. This could open the flood gates for biomedical wastes from other states to be imported to Georgia for incineration and would nullify the original intent of the Comprehensive Solid Waste Management Act. To preserve the integrity of Georgia's environment and Georgia's environmental laws, I hereby veto House Bill 1169.

VETO NUMBER 40
House Bill 1287 would enable students attending bible schools and colleges to receive tuition equalization grants. Under current law, bible schools or colleges are not approved for tuition equalization grants.
I strongly support tuition equalization grants and in fact even recommended, and the General Assembly approved, an increase in such amounts in the 1992 Session of the General Assembly. My concern with House Bill 1287 is that the budget did not contemplate the additional amounts which would be required to cover tuition equalization grants for students attending bible colleges or schools and the cost could become significant depending on the number of bible schools and colleges which would be covered under House Bill 1287.
I do not want to compromise the strides made by the 1992 General Assembly to fund the tuition equalization grants in an enhanced amount by expanding the universe of schools eligible for tuition equalization grants without providing for a source of funding.
Accordingly, I hereby veto House Bill 1287.

VETO NUMBER 39
House Bill 1290 would provide for the licensing and regulation of roofing contractors. Roofing contractors are not currently licensed or regulated in Georgia.
Georgia law requires that the Georgia Occupational Regulation Review Council review all legislation which licenses and regulates previously unregulated businesses or occupations. Since House Bill 1290 was never referred to the Georgia Occupational Regulation Review

MONDAY, JANUARY 11, 1993

51

Council prior to enactment as required by law, the Review Council has not passed upon the necessity for regulating this particular business.
The burden of regulating roofing contractors is placed on the existing State Construction Industry Licensing Board. However, no funds were appropriated to the State Construction Industry Licensing Board to license and regulate irrigation contractors.
House Bill 1290 conflicts with my efforts to downsize state government. Accordingly, I hereby veto House Bill 1290.

VETO NUMBER 27
House Bill 1377 changes the definition of taxable nonresident and changes the formula for determining whether non-residents should be taxed from a percentage basis of total income earned to a flat fee for income earned within the state.
Current law provides that incomes for services rendered by non-residents in this state are subject to income taxation when the remuneration for the services exceeds 5 percent of the non-residents' total income. House Bill 1377 would subject those non-residents who earn more that $8,000 for services rendered in this state to income taxation. This is a fundamental and radical change in the formula for taxation of non-residents and would subject a much larger universe of non-residents who perform services in this state to state income taxation.
Georgia prides itself on its cultural and recreational diversity. Georgia profits both monetarily and culturally from its ability to attract top performers in the entertainment business. House Bill 1377 would make Georgia a less attractive destination for many performers and could result in a loss of important State revenues which would not be offset by the increased tax upon the entertainer.
I believe that additional consideration should be given to such a fundamental policy shift. For this reason, I hereby veto House Bill 1377.

VETO NUMBER 36
House Bill 1445 amended the law governing special license plates for reservists. House Bill 1145 was a comprehensive bill providing for a $25.00 annual fee for all special license plates, including those for reservists. House Bill 1445 did not contain a $25.00 annual fee provision.
House Bill 1145 contained several provisions which needed to become effective on April 1, 1992 and was signed into law immediately upon passage. Because the fee provisions of House Bill 1445 conflict with the fee provisions of House Bill 1145, I hereby veto House Bill 1445.

VETO NUMBER 20
House Bill 1481 was a local bill pertaining to homestead exemptions from Clarke County ad valorem taxes. Subsequent to its passage, the Athens-Clarke County Commission and the legislative delegation reached an agreement other than reflected in House Bill 1481. Accordingly, at the request of the legislative delegation, I am vetoing House Bill 1481.

VETO NUMBER 19
House Bill 1495 was local legislation dealing with districts of the Chattooga County Board of Commissioners. The author of this bill requested that I veto the bill because the voters had defeated a referendum dealing with this subject. Accordingly, I hereby veto House Bill 1495.

52

JOURNAL OF THE HOUSE,

VETO NUMBER 21
House Bill 1705 was a local bill amending the homestead exemption from Floyd County School District ad valorem taxes. Subsequent to its passage, the author discovered a technical error and requested a veto. Accordingly, I hereby veto House Bill 1705.

VETO NUMBER 28
House Bill 1721 would provide that 50% of unclaimed victim-restitution funds would be transferred into the general operating fund of the county holding restitution payments and 50% would be transferred into the State Crime Victims Emergency Fund. House Bill 1721 would permit counties to benefit from unclaimed victim-restitution funds by permitting counties to use such funds for general operating expenses. This would effectively treat unclaimed victim-restitution funds differently from other types of unclaimed property which otherwise must be remitted to the State.
I do not believe that victim-restitution funds should be treated any differently at the county level than unclaimed property held by banks, insurance companies and other businesses. Unclaimed property is unclaimed property regardless of its origination. Exempting a particular type of unclaimed property could result in numerous other exemption requests.
Georgia's unclaimed property statute serves a valid public purpose and I would not like to see it weakened in any respect. I would not, however, be opposed to legislation which would require that the State place unclaimed victim-restitution funds into a State Crime Victims Emergency Fund upon receipt from the county. By remitting such unclaimed victim-restitution funds to the State, the State could ensure equitable distribution to crime victims across the State.
For these reasons, I hereby veto House Bill 1721.

VETO NUMBER 29
House Bill 1767 would increase the size of the Upper Savannah River Development Authority from two counties to twenty-eight counties. The Upper Savannah River Development Authority was originally created in 1982 for the limited purpose of developing public property on the Richard B. Russell Lake in Hart and Elbert counties for recreation and tourism.
House Bill 1767 would also extensively increase the powers of the Upper Savannah River Development Authority. It would give the Authority the power to exercise eminent domain and issue bonds for roads, bridges, transportation facilities, warehouse and logistic facilities, laboratories, commercial and retail establishments and private residences. Furthermore, the Authority is granted the power to charge and collect tolls, fees, rents, charges and assessments for the use of facilities or services rendered. Coupled with the extensive powers it would possess under House Bill 1767, the power to charge and collect tolls, fees, rents, charges and assessments could be enormous and prove financially burdensome to the public.
In my opinion, House Bill 1767 would transform an inactive local governmental authority into a land developer cloaked with far-reaching governmental powers. In so doing, State and local efforts to preserve the natural aspects of the Upper Savannah River Basin may be imperilled.
For these reasons, I hereby veto House Bill 1767.

House Bill 1837.

VETO NUMBER 16

MONDAY, JANUARY 11, 1993

53

Current law requires each local board of education to prescribe sex education and AIDS prevention for the grades determined by the State Board of Education. HB 1837 adds a requirement that local school boards adopt policies to ensure that all course materials are appropriate. However, the standard by which materials are to be judged as appropriate is confusing and would probably prompt litigation.
HB 1837 contains three sections which conflict with each other. The statute provides for instruction concerning pregnancy, sexually transmitted diseases and AIDS. But subsections (e) and (f) provide that nothing in this act or the instruction it authorizes shall be construed to promote or encourage the violation of Georgia law.
Since Georgia law prohibits sex between unmarried people, it is problematic how to provide the instruction concerning pregnancy, sexually transmitted diseases and AIDS to unmarried teens, as this bill indicates, without violation of the law. It certainly raises the question as to whether any instruction other than abstinence encourages the violation of Georgia law.
A recent Centers for Disease Control survey indicates that two-thirds of our high school kids have had sexual intercourse, with almost 30 percent having had four or more partners. In 1990, there were more than 31,000 reported cases of sexually transmitted diseases among Georgia children ages 10-19 and over 11,200 Georgia girls ages 10-17 became pregnant.
It is clear that Georgia schools must do a better job of informing our teens of the facts and consequenses of sexual activity, pregnancy, sexually transmitted diseases and AIDS. But HB 1837 invites litigation by its lack of clarity as to standards of appropriateness and creates a dilemma in which it is impossible to satisfy the law without violating it at the same time. Its likely impact in the classroom would be to thwart responsible sex education by having a chilling effect on the students and teachers participating in dialogue on the

VETO NUMBER 17
House Bill 1934 was intended to change the composition and appointment of membership on the East Point Parking Authority. Subsequent to its passage, a technical error was discovered and its author requested that I veto the bill. Accordingly, I hereby veto House Bill 1934.
VETO NUMBER 23
House Bill 2021 was local legislation providing for the reapportionment of the Jasper County Board of Commissioners. House Bill 2021 contained errors which were discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 2021.
State of Georgia Office of the Governor
Atlanta 30334-0900
May 8, 1992
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 17, 343, 410, 484, 587, 618 and 622 which were passed by the General Assembly of Georgia at the 1992 Regular Session.

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Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/cwc Attachments
cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives
Honorable Robbie Rivers, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 25
Senate Bill 17 would exempt 26 positions of Captain within the Department of Public Safety from the classified service of the Merit System. This bill was introduced for one purpose and for one purpose only: to circumvent the law requiring the Governor's approval by Executive Order of declassification of the position of Captain.
The State Merit System was created by the legislature to provide a career path for employees in government and to attract, select and retain good employees on merit, free from political influences. The law does provide that the Governor may exempt a position from the classified service by Executive Order if the position is one of a purely policymaking or confidential nature. On February 19 the Department of Public Safety requested an Executive Order declassifying the positions of Captain. In my opinion, the Department of Public Safety has not yet adequately substantiated the necessity for declassifying all the positions of Captain to satisfy the statutory requirements for issuing an Executive Order providing for declassification.
As one of this State's two law enforcement agencies, the Department of Public Safety must be above reproach and must be free from political influence. Exemption from the classified service may subject the Department of Public Safety to greater political influences in hiring and management decisions and could undermine a department which historically has been beset by problems. This is an executive management decision which should be made by the Governor utilizing current statutory standards. By circumventing the current statutory procedure, the Department attempts to do by legislative exception what it has not yet been permitted to do by the chief executive officer of this State.
For these reasons, I hereby veto Senate Bill 17.

VETO NUMBER 22
Senate Bill 343 was local legislation which provided for the compensation of officials of the State Court of Putnam County. Following passage of the bill, the author discovered that the bill contained errors which would have resulted in higher salaries paid to the administrative assistants to the State Court than to the judges. Therefore, at the request of the author, I hereby veto Senate Bill 343.

VETO NUMBER 24
Senate Bill 410 creates the legislative fiscal oversight committee and requires executive agencies to prepare strategic plans for review by the oversight committee. It also authorizes the oversight committee to order the state auditor to determine if state agencies are

MONDAY, JANUARY 11, 1993

55

carrying out these plans. This bill establishes an oversight function that is unnecessary, duplicative and confusing.
Current state law requires the Office of Planning and Budget (OPB) to develop financial policies and plans as the basis for budget recommendations to the General Assembly. It also requires OPB to make its information available at all times to the General Assembly and its designees. The planning function is therefore already part of the executive branch of state government and all budget and financial information is readily available to the legislature.
The audit function is also already a part of state government, under the control of the legislative branch. The state auditor routinely conducts performance audits of all state agencies, and the Legislative Services Committee can order performance audits of any agency at any time and has done so in the past.
Senate Bill 410 therefore creates an unnecessary function which in future years could become a vehicle used for political purposes. If this bill were to become law, the oversight committee could become a tool for regular interference into the day-to-day operations of state agencies, crossing the line between executive and legislative functions. Legislative interference with daily management issues could create far more problems than intended to resolve, creating friction and public confusion that is now common in the federal government.
While I welcome the input of legislative leaders, and as Governor have repeatedly sought their advice regarding the fiscal affairs of this state, I strongly believe that the daily management of the executive branch is the prerogative of the Governor.
I therefore hereby veto Senate Bill 410.

VETO NUMBER 34
Senate Bill 484 exempts local schools from state standards if the school is accredited by an accrediting agency approved by the State Board of Education. State board policy already provides for this exemption and therefore this legislation is unnecessary. The State Board of Education needs maximum flexibility to make education policy, and this bill interferes with what is properly the state board's function.
Accordingly, I hereby veto Senate Bill 484.

VETO NUMBER 42
Senate Bill 587 as originally introduced would have transferred the administration of the Community Education Program to the Department of Education. I strongly support the concept and activities of community schools and support transferring the Community Education Program to the Department of Education. However, Senate Bill 587 does not completely transfer the program as intended. Instead, Senate Bill 587 provides for an advisory council to be appointed by the Commissioner of the Department of Community Affairs.
I believe that this bill should be perfected before it becomes effective. For these reasons, I hereby veto Senate Bill 587.

VETO NUMBER 30
Senate Bill 618 would establish a Governor's Groundwater Advisory Council comprised of 9 members who represent areas which primarily rely on groundwater for their water supply. The bill would require the Governor to fund and provide staff assistance to the Groundwater Advisory Council.
Without question, I am committed to protection of Georgia's environment. In the 1991 Session of the General Assembly, I introduced and passed legislation separating the Environmental Protection Division from the Department of Natural Resources. In that same

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bill, a 15-member Environmental Advisory Council was also established. The law requires that the Environmental Advisory Council advise the Governor and the Environmental Protection Division on environmental issues. Groundwater is but one of the issues the Environmental Advisory Council can and does address.
I support the Environmental Advisory Council's broad approach to environmental issues. Environmental issues are complex and interrelated. I do not believe that the State's interest in protecting its environmental is well-served by creation of an advisory council focused on the single issue of groundwater.
I did not initiate nor did I support or request the creation of a Governor's Groundwater Advisory Council. For these reasons, I hereby veto Senate Bill 618.

VETO NUMBER 33
Senate Bill 622 is a legislative limit upon the State Board of Education's "No pass/no participation" rule by exempting all activities except competitive events.
Neither the State Board of Education nor I take exception to the purpose of Senate Bill 622. However, the State Board has already conducted hearings on this issue and has indicated that modification of their rule is likely to be made soon. It is my opinion that the State Board of Education and not the legislature, should be responsible for modifying its own rules. The State Board is uniquely situated to understand the ramifications of its rules on the activities and instruction of Georgia's students.
For this reason, I hereby veto Senate Bill 622.

The General Assembly Atlanta
June 17, 1992
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on June 17, 1992, at 10:30 A.M. at the Lakeside Annex Building at Little Ocmulgee State Park, at which caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the the Honorable Jimmy Connor which has resigned from the board effective September 21, 1992, with Mr. Pinkston's term of office to begin September 21, 1992, and expire April 15, 1995.
Respectfully submitted, /s/ Denmark Groover, Jr.
Chairman Eighth Congressional District Caucus
/s/ Walter S. Ray Secretary Eighth Congressional District Caucus

The General Assembly Atlanta

MONDAY, JANUARY 11, 1993

57

TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Frank C. Pinkston of Bibb County has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional District. Mr Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Connor who has resigned from the board effective September 21, 1992.
This 23rd day of June, 1992.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
June 24, 1992
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. Mr. Pinkston was elected to serve for the remainder of the unexpired term of office of the Honorable Jimmy Conner who has resigned from the board effective September 21, 1992. Mr. Pinkston's term of office will therefore begin September 21, 1992, and expire April 15, 1995. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Frank C. Pinkston Caucus Chairman Caucus Secretary Mr. Hamilton McWhorter, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

House of Representatives Atlanta, Georgia
July 27, 1992

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JOURNAL OF THE HOUSE,

Mr. Paul Lynch Legislative Fiscal Officer 434 State Capitol Atlanta, GA 30334
Dear Paul:
Effective this date, I am appointing Representative Georganna Sinkfield to the Appropriations Committee and removing her from the State Institutions and Property Committee.
Please adjust your records accordingly.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
cc: Representative Georganna Sinkfield Representative Terry Coleman Representative Carlton Colwell Mr. Robby Rivers Mr. Sewell Brumby House Information Office House Research Office

House of Representatives Atlanta, Georgia 30334
September 18, 1992
The Honorable Zell Miller Governor State Capitol Atlanta, GA 30334
Dear Governor Miller:
As you are aware, I have been elected to a position on the State Board of Transportation to succeed the Honorable Jimmy Conner, effective September 21, 1992. As require by Code Section 32-2-20, I am herewith resigning from my seat in the Georgia House of Representatives (District 100), effective as of 12:01 a.m., September 21, 1992, prior to taking office as a member of the Board of Transportation.
I have enjoyed working with you as a member of the General Assembly and look forward to continuing to do so as a member of the Board of Transportation.
This 18 day of September, 1992.
Sincerely, /s/ Frank C. Pinkston
Representative, District 100
FCP:et
cc: The Honorable Thomas B. Murphy The Honorable Pierre Howard Mr. Robert E. Rivers, Jr. Mr. Paul D. Lynch Mr. Rudolph Johnson Ms. Bobbie Jean Bennett

MONDAY, JANUARY 11, 1993

59

State of Georgia Office of the Governor
Atlanta 30334-0900
September 21, 1992
Honorable Frank C. Pinkston State Representative 218 State Capitol Atlanta, GA 30334
Dear Frank:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia House of Representatives, District 100. By copy of this letter, your resignation is hereby accepted, effective at 12:01 a.m., September 21, 1992.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/clb cc: Honorable Max Cleland, Secretary of State

House of Representatives Atlanta
November 10, 1992
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Rivers:
This is to certify that the following have been duly elected as Republican Caucus Officers for the House of Representatives at a meeting of the Caucus on November 10, 1992 at the State Capitol, Atlanta, Georgia.
Representative Steve Stancil Minority Caucus Leader
Representative Thomas E. Lawrence Minority Caucus Whip
Representative Willou Smith Minority Caucus Chairman
Representative Garland Pinholster Minority Caucus Vice-Chairman
Representative Anne Mueller Minority Caucus Secretary
This certification is submitted pursuant to the Rules of the House of Representatives.
So certified this 10th day of November 1992.

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Sincerely, /s/ Dorothy Felton
Caucus Chairman
DF:sc

House of Representatives 415 State Capitol Atlanta, Georgia
November 10, 1992
Honorable Robbie Rivers, Clerk House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
This is to certify that Representative Larry Walker, District 141, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Caucus held on November 10, 1992 at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to the Rules of the House of Representatives.
So certified this 10th day of November, 1992.
Sincerely, /s/ Wm. J. "Bill" Lee

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
December 30, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIRST CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FIRST DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Sections 32-2-20 and 21-2-4.1, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the First Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 12, 1993, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the First Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the First Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

MONDAY, JANUARY 11, 1993

61

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
December 30, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SECOND CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT SECOND DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Sections 32-2-20 and 21-2-4.1, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Second Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 12, 1993, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Second Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Second Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
December 30, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FOURTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FOURTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Sections 32-2-20 and 21-2-4.1, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fourth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Tuesday, January 12, 1993, at 4:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fourth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Fourth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

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JOURNAL OF THE HOUSE,

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
December 30, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FIFTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Sections 32-2-20 and 21-2-4.1, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fifth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 13, 1993, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus.
Sincerely, M Sewell R. Brumby
Legislative Counsel
SRB:jp

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
December 30, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE NINTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT NINTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Sections 32-2-20 and 21-2-4.1, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Ninth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 13, 1993, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Ninth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Ninth Congressional District are eligible to participate in said caucus.
Sincerely, kl Sewell R. Brumby
Legislative Counsel
SRB:jp

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

MONDAY, JANUARY 11, 1993

63

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 12, 1993

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:

Ashe Atkins Bailey Baker
Bannister Barfoot Bargeron Barnes Bates Benefleld Birdsong Bordeaux Breedlove Brooks,D Brooks.T Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty
Carlisle Carrell Carter Chambless
Chandler Channell Childers Clark Coker

Coleman.B Coleman,T Colwell Connell
Cox Crawford Crews Culbreth Cummings Davis.G Dickinson Dix Dixon.H Dixon,S Dobbs Dover Ehrhart Bpps Evans Felton Floyd,J.M Floyd,J.W Godbee
Golden Goodwin Greene Groover
Hammond Manner Harris.B Harris.M Hegstrom

Hembree Henson Holland Holmes
Howard Hudson Hughes Hugley Jamieson Johnson,D.H Johnson,E Johnson.G Johnson,J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane,D Lane.R
Lawrence Lawson Lee Lewis
Lord Maddoi Mann Martin McBee

McKinney.B Milam Mills Mobley.B
Mobley,J Moore Mosley Mueller Oliver O'Neal Padgett Parham Parrish Pelote Perry Pinholster Poag Polak Porter Poston Powell PurceU Randolph
Ray Reaves Reichert Roberts
Royal Scoggins Shanahan SherrUl Shipp

Skandalakis Skipper Smith.C Smith.L
Smith,P Smith,T Smith, V Smith.W Stand!,F Stancil,S Stanley,L Stanley,P Stephenson Taylor Teague Teper Tillman Titus Trense Turnquest Twiggs Vaughan ^jji
Watson Watts wT i H
f.fmore^na
,,,!H!amS'5 Wiuiams,R Vate8 Yeargin Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives White of the 161st, Snow of the 2nd, Thomas of the 100th, Heard of the 89th, Hart of the 116th, Streat of the 167th, McClinton of the 68th, James of the 140th, Davis of the 60th, Simpson of the 101st, Towery of the 30th and Cauthorn of the 35th.
They wish to be recorded as present.

Prayer was offered by the Reverend Wayne J. Edwards, Pastor, First Baptist Church, Forest Park, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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, JANUARY 12, 1993

65

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

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

HB 106. By Representatives Cummings of the 27th, Twiggs of the 8th, Colwell of the 7th, McBee of the 88th, Baker of the 70th and others:
A bill to amend Code Section 47-2-223, relating to mandatory retirement and retirement benefits for certain employees of the Department of Public Safety and the Georgia State Patrol, so as to provide that for certain such persons, retirement at the age of 55, whether voluntary or involuntary, shall be deemed to be involuntary separation.
Referred to the Committee on Retirement.

HB 107. By Representative Groover of the 125th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to provide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipality in which the offense is alleged to have been committed.
Referred to the Committee on Public Safety.

HB 108. By Representative Milam of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 109. By Representative Groover of the 125th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that in any criminal case in which an appeal is taken by the state the defendant shall have a right to cross appeal.
Referred to the Committee on Judiciary.

HB 110. By Representatives Groover of the 125th and Barnes of the 33rd:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to modification of alimony, so as to change provisions relating to cohabitation in a meretricious relationship as grounds for modification of alimony.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 111. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to authorize the commissioner of public safety to designate the markings of certain solid color vehicles for state patrol use.
Referred to the Committee on Public Safety.

HB 112. By Representative Twiggs of the 8th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.
Referred to the Committee on Game, Fish & Parks.

HB 113. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates.
Referred to the Committee on Defense & Veterans Affairs.

HB 114. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that the city manager shall be engaged in no work or business outside of his or her duties as city manager unless authorized by the city commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 115. By Representative Bostick of the 165th:
A bill to provide a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that city; to provide such an exemption in the amount of $25,000.00 for certain such residents 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.
Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 12, 1993

67

HB 117. By Representatives Porter of the 143rd, Poston of the 3rd, Jamieson of the 22nd, Sherrill of the 62nd, Smith of the 12th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session; to authorize the presiding officers of the Senate and House of Representatives to indicate the standing committees to which they intend to assign such proposed measures.
Referred to the Committee on Rules.

HB 118. By Representatives Porter of the 143rd, Poston of the 3rd, Jamieson of the 22nd, Sherrill of the 62nd, Teper of the 61st and others:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition of the State Transportation Board and related matters, so as to provide that the members of such board shall be elected by roll-call vote.
Referred to the Committee on Transportation.

HB 119. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 120. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1992-1993.
Referred to the Committee on Appropriations.

HR 22. By Representatives Hembree of the 98th, Lewis of the 14th, Joyce of the 1st, Crews of the 78th and Mills of the 21st:
A resolution urging the Congress of the United States to take the action necessary to restore voluntary group prayer to the nation's classrooms.
Referred to the Committee on Education.

HR 23. By Representatives Hembree of the 98th, Lewis of the 14th, Joyce of the 1st, Crews of the 78th and Mills of the 21st:
A resolution urging the Congress of the United States to take the action necessary to restore voluntary group prayer to the nation's classrooms.
Referred to the Committee on Education.

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

HB 1 HB 2 HB 3 HB 4 HB 5 HB 6 HB 7 HB 8 HB 9 HB 10 HB 11 HB 12 HB 13 HB 14 HB 15 HB 16 HB 17 HB 18 HB 19 HB 20 HB 21 HB 22 HB 23 HB 24 HB 25 HB 26 HB 27 HB 28 HB 29 HB 30 HB 31 HB 32 HB 33 HB 34 HB 35 HB 36 HB 37 HB 38 HB 39 HB 40 HB 41 HB 42 HB 43 HB 44 HB 45 HB 46 HB 47 HB 48 HB 49 HB 50 HB 51
HB 52
HB 53
HB 54

HB 55 HB 56 HB 57 HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HB 68 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81 HB 82 HB 83 HB 84 HB 85 HB 86 HB 87 HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95 HB 96 HB 97 HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105
HR 10
HR 11
HR 12

TUESDAY, JANUARY 12, 1993

69

HR 13 HR 14

HR 15 HR 16

The following Resolutions of the House were read and adopted:

HR 24. By Representative Smith of the 109th:
A resolution commending the Captain Samuel Butts Chapter of the Georgia Society of the Sons of the American Revolution.

HR 25. By Representatives Royal of the 164th and Greene of the 158th:
A resolution commending the Mitchell-Baker High School Eagles football team.

HR 26. By Representatives Buck of the 135th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Groover of the 125th and others:
A resolution expressing sympathy at the passing of former Chief Justice Robert H. Jordan.

HR 27. By Representatives Royal of the 164th and Greene of the 158th:
A resolution commending the Mitchell-Baker High School Eagles varsity cheerleaders.

HR 28. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution commending and recognizing Mrs. Jetta Strickland on the occasion of her retirement.

HR 29. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending and recognizing Mr. Edward "Butch" Engle.

HR 30. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending and recognizing Mrs. Bessie Marie Engle.

HR 31. By Representatives Purcell of the 147th and Oliver of the 154th: A resolution commending and recognizing Mr. Harold Bacon.

HR 32. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution expressing sympathy at the passing of Mr. Generuth "Gene" Miller.

HR 33. By Representatives Vaughan of the 34th and Shipp of the 38th:
A resolution commending and recognizing the Harrison High School cross country team.

HR 34. By Representatives Murphy of the 18th, Buck of the 135th and Stancil of the 91st:
A resolution recognizing Edgar Rhodes.

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HR 35. By Representatives Cummings of the 27th and Murphy of the 18th: A resolution commending Jason Parris.

HR 36. By Representatives Stancil of the 91st and Bostick of the 165th: A resolution commending Carrie Benefield.

HR 37. By Representative Bostick of the 165th: A resolution commending Carrie Benefield.

HR 38. By Representatives Evans of the 28th and Breedlove of the 85th: A resolution commending Dustin Wright.

HR 39. By Representatives Stancil of the 91st and Bostick of the 165th: A resolution commending Andrea Whatley.

HR 40. By Representative Bostick of the 165th: A resolution commending Tonya Douce.

HR 41. By Representative Bostick of the 165th: A resolution commending Andrea Whatley.

HR 42. By Representative Bostick of the 165th: A resolution commending Derron Spike.

HR 43. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A resolution commending Luther Reynolds.

HR 44. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution commending Kara Miller.

HR 45. By Representative Coleman of the 142nd: A resolution commending Patrick Lucas.

HR 46. By Representative Floyd of the 138th: A resolution commending Maleia Barry.

HR 47. By Representative Oliver of the 154th: A resolution commending Timothy Edwards.

HR 48. By Representative Stancil of the 91st: A resolution commending Jennifer Stancil.

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71

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 4. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Egan of the 40th, Gillis of the 20th, Oliver of the 42nd and Boshears of the 6th.

Pursuant to HR 4, the Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Smith of the 109th, Poag of the 6th, Powell of the 23rd, Stanley of the 50th, Baker of the 70th, Dixon of the 150th, Ray of the 128th and Taylor of the 134th.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 5. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.

HR 6. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

HR 7. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following:

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Senators Taylor of the 12th, Brown of the 26th, Henson of the 55th, Gillis of the 20th, Newbill of the 56th and Tysinger of the 41st.

HR 8. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th and Lee of the 94th:
A resolution relative to adjournment.

The Speaker announced the House in recess until 11:00 o'clock this morning.

The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 4 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.

The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Howard, Speaker Murphy, members of the General Assembly, members of the Consulate Corps, members of the Judiciary, ladies and gentlemen.
I thank you for this opportunity to once again come before you and report on the state of this great State of Georgia.
And I will tell you this up-front: Its state government is serving more people and is leaner and more streamlined than at any time in our history. As Dizzy Dean used to say, you can look it up.
In the past two years, state spending rose much faster around the South than in Georgia. And nationally, the average growth rate for state spending was five times higher than it has been in Georgia.
The revenue estimate I gave you last week for FY 93 is only 4 percent higher than the revenue estimate I inherited for FY 91 two years ago.
Four percent! Yet during the same two years, our public school enrollment grew by 5 percent; our University System enrollment grew by more than 10 percent; our AFDC cases grew by 26 percent; and our Medicaid recipients grew by 30 percent.
Careful management and improved efficiency has enabled us to offer a consistent level of state services in spite of these dramatic increases in the number of our citizens being served.
Two years ago, I pointed out that the state payroll had grown by 12,000 jobs between 1987 and 1991. And we cut 5,000 positions from the state budget during my first year in office. We have continued to prune the state payroll, with a net decrease of nearly 1,500 employees during Fiscal Year 92 an exception to the rule around the South, where most states increased, not decreased state employment.
Georgia also has one of the lowest debt levels among the 50 states ranking 46th in debt per capita and 45th in debt relative to budget size. Needless to say, we continue to maintain top-level bond ratings.

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73

November's revenue increase broke into double-digits for the first time in two and a-half years. And December was another good month, even without the tax amnesty income.

And now, even as revenues improve, we are continuing to carefully prune and trim away any excess we can find in state government.

Because of this careful financial management, we have saved enough money to allow us now to meet our mid-year funding needs for our schools and Medicaid, and at the same time to reduce this year's revenue estimate by $75 million, which, added to the $44 million from the tax amnesty program, gives us a cushion of $120 million.

Last year on this occasion I outlined a comprehensive legislative package called Georgia Rebound, and I thank you for adopting it. It addressed the education, economic development, public safety and environmental needs of this state.

Georgia Rebound contained a number of economic development initiatives, like the tax credit for new jobs, which brought a major Cargill poultry processing operation to the Dooly-Macon County area almost immediately.

But the Georgia Rebound initiative that may mean the most in the long run is one

that got little attention

the reconstitution of the Governor's Economic Development

Council into a working public-private partnership.

This Council, made up of some of Georgia's most able business leaders, has begun the task of reforging Georgia's economic development strategy to meet the needs of the 21st century.

We are expanding beyond our traditional approach of just recruiting businesses from other places, to supporting existing industry, expanding our exports, encouraging new technology companies, promoting unique regional strengths within the state and developing the broader infrastructure that modern industry must have.

Preservation 2000 is another public-private initiative of this administration to preserve an additional 100,000 acres of natural recreational and wilderness area.

We have already preserved scenic wilderness from Tallulah Gorge to Little Tybee and Cabbage Islands, from Buffalo Swamp on the Altamaha River to Sprewell Bluff on the Flint.

The total acreage identified for protection is nearing our goal of 100,000 acres. And more than half of it is either already preserved or presently under negotiation.

In the area of public safety, we have created 2,172 boot camp beds in the past two years. And even as the skeptics were shaking their heads, Georgia's boot camps were becoming the model for the rest of nation.

They separate young drug offenders from the influence of harder criminals in prisons, and put them through a highly disciplined, basic training regimen combined with drug treatment and education to prepare them for a successful time of supervised probation.

Not only are these boot camps effective, but they are also much cheaper than prisons.

It costs $2,500 a bed to build a boot camp using inmate labor, compared to $27,000 a bed for a prison. It costs $42 a day for each prison inmate, but only $25 a day for an offender in a boot camp.

Our goal is to make sure that our prison beds are used for criminals who really need to be behind bars and stay behind bars. And during the past two years we have brought 4,300 prison beds on line and ended the practice of early release of inmates.

This session, I will propose giving our courts the option of imposing a sentence of life without parole if aggravating circumstances warrant it.

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Right now, as all of you know, our so-called "life" sentences are one of the greatest frauds ever perpetuated on the public. I think it's time we had a sentence that means what it says life in prison.
I am also proposing a bill to allow victim impact statements in court in cases involving capital felonies.
We already allow victim impact statements in all but capital felonies, and this bill simply fills in that missing piece. Georgia is the only one of the 50 states that does not have such a provision.
For the third straight year, I am continuing my efforts to crack down on drunk driving.
Some of you have seen the portrait of a lovely and intelligent young woman on the table beside my desk. She is not my daughter or granddaughter. In fact, I never met her; I never had the chance.
She was killed a year ago by a drunk driver, snuffed out on the threshold of becoming a leader among the next generation of Georgians.
After her death, her father asked me to put her picture in my office. And it reminds me daily of the devastating cost we pay by allowing drunk driving on our highways.
So here I come again I'm back with a bill to require immediate driver's license suspension for first-time offenders.
I also want to give judges the option of requiring ignition interlock devices that lock a car's ignition until the driver passes a breath test. Because the best way to stop drunk driving is to stop drunks from driving.
There is nothing more important in my administration, nothing more critical to Georgia's future, than education.
During the past two years, we have made some significant strides:
we have moved to elected school boards and appointed superintendents;
we have begun a new program of fewer but tougher student tests;
we have created Georgia 2000 to support local community partnerships as they work toward the six national education goals;
we have streamlined teacher certification procedures;
we have undertaken the largest construction program in Georgia history for our schools;
we have provided computers to begin to ease the paperwork for teachers and administrators;
we have expanded the Governor's Scholarship Program;
we have placed counselors in all middle schools;
we have established the School Leadership Institute to teach school leaders how to bring about innovation and positive change in their own schools;
we have piloted The Family Connection to coordinate family social services for atrisk kids, so that students and teachers can focus on learning in the classroom. The initial funding for this innovative program came from a private foundation, and Georgia is now a finalist in a nationwide competition for a prestigious Pew Grant.
Last year we also began a telecommunications initiative that included Distance Learning to bring world-class educational resources into every school, no matter how small.

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75

Two thousand Georgia students are now taking courses by interactive satellite or fiber-optic networks, and I am proposing that we use lottery proceeds to put a satellite dish in every single school, technical institute and University System college in this state.

While I'm talking about telecommunications, let me mention our Telemedicine program, which is so sophisticated that a medical specialist in Augusta can look inside the ear of a patient in Eastman. The New York Times reports that it is the most sophisticated program of its kind in the nation.

It has the potential to revolutionize health care in rural Georgia.

The lottery is going to make some significant new things possible for our schools.

The law provides that we use the lottery proceeds for pre kindergarten, tuition scholarships and loans, and special equipment and capital needs. Let me tell you briefly why these three programs are so important.

First, pre-kindergarten. Because that is where it all starts.

A recent study by the Carnegie Institute shows that 40 percent of Georgia's five-yearolds are struggling in kindergarten.

Our first priority will be these at-risk kids, and we have already begun to target them with pilots. Then we will expand pre-kindergarten as communities are ready and lottery proceeds are available.

I want to emphasize that pre-kindergarten will be voluntary parent and voluntary by the school system.

voluntary by the

We will invite individual communities to develop a plan that would be efficient and effective for them.

It could be part of the traditional school system. But it could also be an expanded Head Start program, or even a new or expanded private, non-profit program.

Second, I propose a unique and far-reaching scholarship program called HOPE Helping Outstanding Pupils Educationally. There will be nothing else like it in the United States.

It has never been more important for our students to go to college, but it has never been harder for their families to pay for it.

HOPE would give any high school student with a "B" average a certificate good for free tuition at any University System college where they are accepted, if their family income is less than $66,000 a year.

If they have a "B" average in their freshman year, then they could get a tuition loan for their sophomore year. And if they keep a "B" average for their sophomore year, the loan is forgiven.

HOPE would also provide free tuition for all the diploma granting programs at our state technical institutes.

And for those Georgians who go back to get their GED

there were 16,000 last

year

I propose a $500 certificate for books, materials or fees at a public college or

technical institute.

Finally, our private, independent colleges save us the cost of University System funding for their Georgia students.

And for 20 years now, we have given tuition equalization grants to these colleges for Georgia students, helping to offset the higher tuition they must charge.

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I propose increasing these grants from $1,000 to $1,500 for freshmen and sophomores at our independent colleges.

The third lottery program for special equipment and construction gives us the chance of a lifetime to bring technology into our schools.

Our classrooms should be in the forefront of technology dren encounter technology and learn to really use it.

the place where our chil-

Unfortunately, the exact opposite is true. Of all the places in our children's lives, our classrooms offer the least technology.

There is more technology in a supermarket check-out line than in the average class-
room. There are ten times more Nintendos in our homes than computers in our classrooms.

Banks have automatic teller machines, but classroom math is stuck in the days when human tellers wrote in passbooks by hand.

I propose an early learning computer lab for every single elementary school in this state and regional computer centers to train our teachers in how to use technology in their classrooms.

I propose a computer lab at each one of our 32 technical institutes to train students in job-related computer skills.

And I propose more computers for adult literacy programs, because more than half of Georgia's workforce is either illiterate or has only marginal skills.

And for our University System a trust fund for equipment and construction that would provide a one-for-one match for private contributions.

I'll elaborate on these programs a little more in my budget message on Thursday.

Right now I want to simply emphasize that this money does not supplant let me repeat, does not supplant one single red cent of existing educational funds.

But it provides a whole range of new and exciting enhancements and improvements that address critical needs in education. Improvements for our children that go into every single school system, college and technical institute in the entire State of Georgia.

Too many of our schools are caught in a time warp. That's why I want to create an environment that allows for experimentation and dramatic change in how we educate our children.

I am proposing a program, that will allow local schools more freedom than they've ever had before to create better, more up to-date learning environments for children.

These schools will operate under a charter agreement with their local system and the State Board of Education to work toward the six national goals in education.

They will be free from state regulations, state restrictions and limitations, and instead will be held accountable to performance based evaluations and measures.

To provide their funding, I propose a unique public and private partnership that includes some of this state's top business leaders.

We call it the Next Generation Schools Project, it will pool private, state and local education funds in a one-third/one third/one-third match.

All these new educational initiatives are geared toward keeping children in school so they are better prepared to enter the workforce.

That is why I believe we should increase the compulsory school age from 16 to 17 next school year, and then from 17 to 18 the following school year.

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77

Six other southern states have already raised their compulsory age to 17 or 18. We cannot allow Georgia to continue to drag along at the tail end.
Georgia has some of the best teachers to be found anywhere in this country, but we still need to recruit even more highly qualified teachers.
To help that situation, I will soon execute an agreement with the U.S. Department of Defense to allow Georgia to fast-track military personnel who have the necessary skills to make the transition into teaching careers.
Senator Nunn has been the leading proponent of this idea on the national level, and I am proud that Georgia will be one of the first states to put it to work.
I also propose we create a Georgia Council for School Performance, a neutral voice made of business and professional leaders, to offer an annual, impartial evaluation of the progress we are making in our schools.
Georgians have always valued family, individual responsibility and hard work. Our present welfare system undermines every one of those values. It promotes single parenthood; it promotes dependence.
While AFDC may be a "hand up" for some, for far too many it has become just a "hand-out." A full 25 percent of the Americans on welfare remain there for more than 10 years.
I believe that welfare recipients should not be immune from the realities and the personal obligations that face hard-working Georgians every day.
We must offer opportunity and incentives for people to take responsibility for their own lives, not encourage them to surrender their lives to a faceless bureaucracy, where the check just shows up automatically in the mailbox each month.
Congress has recently changed the requirements governing AFDC to allow for some state-level reforms.
And I believe that we must take advantage of this opportunity, as other states are doing, to create a welfare system in Georgia that is both more effective in achieving its goals and more efficient in using the tax dollars that support it.
The money for AFDC comes out of the pocketbooks of hard-working Georgians, and I cannot recommend simply taking more of their money. We must try to make the system more efficient, more effective and free from abuse.
First, I propose we expand the PEACH program to give welfare recipients education, job skills and help in finding jobs.
I propose that we bring the Georgia Labor Department into AFDC and food stamp offices to assist able-bodied persons in finding work and identify those who refuse to work.
We've had an all-out effort going to crack down on absentee parents who fail to pay child support. And as a result, the Office of Child Support Enforcement last year increased its collections from absent parents by 22 percent.
But we can do even better. I will propose a new reporting system that will give the Office of Child Support Enforcement better and more up-to-date information.
And, yes, I will propose that we not increase benefits for a recipient who, while on the AFDC rolls, has another child. Welfare families should assume the same sort of decision-making responsibility that everybody else faces in deciding whether or not to have an addition to the family.
I will propose that unwed teen mothers continue to live with a parent or guardian to receive AFDC benefits, encouraging families to stay together and teenage mothers to stay in school.

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But while we are shifting the focus to a second chance for parents, I, like you, do not
want their children to suffer. And that is why I will propose an expansion of Medicaid benefits for dependent children.

We all know the growing problems with our health-care system. Roughly 1.5 million Georgians have no health insurance, and millions more fear they may lose theirs.

This is not just a problem for our people; it's a problem for our economy. Georgia employers are paying an average of $3,600 employee for health insurance.

It's also a problem for every single Georgia taxpayer. Because the state buys health care for nearly 1 million Medicaid recipients and insurance for state employees and their families.

The state is being hit just as hard as every private sector employer.

Some might argue that 1993 is not the right time to take strong action on health care at the state level, with a new administration taking office in Washington. I think they're wrong.

Every signal coming out of Washington since election day indicates that the states will
be given a key role in managing health costs and expanding coverage, no matter what specific plan is adopted.

There are six elements to my package of health-care proposals. The first two build on
the hard work of Insurance Commissioner Tim Ryles in promoting both greater access and lower costs for private health insurance.

Most of you are familiar with this plan already. It authorizes the state to work with
health insurers to develop three voluntary statewide plans, aimed at making affordable health insurance available to all Georgians regardless of age, medical condition, place of residence or job status.

It would enable Georgians to retain their health coverage while changing jobs. It would help control costs. It would encourage preventive health measures. And, very importantly, it would not require any new taxes.

Second, I will propose legislation to enable the Insurance commissioner to develop a variation of the low-cost, no-frills Basic Health Plan he has already worked out with insur-
ers. This variation will be aimed at the specific health needs of children.

I want to target families with children between the ages of one and six and incomes between 100 and 185 percent of the federal poverty level. These children are not now eligible for Medicaid coverage.

I intend to seek a waiver from the federal government to permit us to use dollars from

the Indigent Care Trust Fund

plus federal Medicaid matching money

to pur-

chase the new basic coverage for these children.

Third, I am proposing an immediate step to make health insurance available to about 108,000 Georgians, most of them children, through Medicaid. Beginning in July, I want to
make Medicaid available to pregnant women and infants in families with incomes up to 185 percent of the federal poverty level the maximum allowable under federal law.

At the same time, we would cover under Medicaid kids up to age 19 from families with incomes up to 100 percent of the poverty level. Now we cover them only to age 9.

This initiative will mean more healthy babies and more healthy children ready to learn. We cannot continue to bear the human and financial costs associated with lack of
access to prenatal and preventive care for these Georgia children.

It will be financed through payments into the Indigent Care Trust Fund by disproportionate-share hospitals, through a system that we believe the federal government will approve.

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79

Fourth, I propose that Georgia begin a pilot Primary Care Case Management program, based on a successful system pioneered in Kentucky. This initiative, recommended by the Williams Commission, would place doctors in charge of decisions on procedures and referrals for Medicaid patients.

By avoiding unnecessary referrals and high-cost visits to emergency rooms, these physicians can help make sure Medicaid patients get the care they need, while significantly cutting costs.

Fifth, I will propose funding for our Office of Health Data Collection to make its comparative data on medical charges more broadly available to the public. This will help individuals and employers to choose the most cost-effective providers, ultimately reducing costs.

Sixth and finally, I will create by executive order a Governor's Commission on Health Care.

It will develop a broad plan for reforming health care financing in Georgia, with special emphasis on preparing our state for the new responsibilities we will inherit under a national health care reform effort.

The commission will be composed of representatives of the state agencies involved with health care; our cities and counties, and the business community.

It will be served by a panel of distinguished health-care experts, and will be charged with soliciting advice from consumers, providers and insurers.

I am pleased and proud to announce that former Congressman Ed Jenkins has agreed to serve as the commission's chairman. I cannot imagine a more qualified individual to head this effort.

These are just a few of the legislative recommendations I will be making to you during these busy 40 days. They continue the central priority of this administration to prepare Georgia for the 21st century.

But in addition to the primary task of preparing our infrastructure and our programs for a new century, we should also be preparing our hearts and our attitudes for a new South.

Next week, Bill Clinton will become the third consecutive Democratic president from the South. And for the first time since 1828, when Andrew Jackson and John C. Calhoun took office, two sons of the South will assume the top two positions in the United States government.

The South is the fastest growing area of the country. And our dominance in national leadership and the economy reflects our growing prominence in the world.

Yet at the very time when all southerners may rightly take pride in this region's cur-

rent success, some Georgians persist in believing that the pride of the South is better

defined by a symbol of defiance and intolerance

the Confederate Battle Flag, which

was imposed on our state flag in 1956.

Of all the arguments that have been made for keeping this flag, the most infuriating to me is the contention that if we don't, we will somehow forget the sacrifices made by those who fought for the Confederacy.

We will not forget. We cannot forget. Our graveyards, our literature, and many of our

own family histories will forever keep alive the memory of those who died for the

Confederacy

and the memory of those whose freedom from slavery depended on the

Confederacy's defeat.

I certainly cannot forget my own Confederate ancestors. I will never forget my greatgrandfather, Brantley Bryan, who was wounded while fighting with Stonewall Jackson at

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Chancellorsville, then wounded again and more severely at Gettysburg in the same battle that took his brother's life.
But I also cannot forget the many millions of Georgians, my ancestors and yours, who also made sacrifices in other wars both before and after the War Between the States.
And in reverence to their memory, I cannot accept the idea that the brief, violent and tragic period of the Confederacy is the only part the only part of our long history that defines our identity and our traditions.
Georgia will be 260 years old next month. For 43 of those years, we were a British colony; for 11 years a sovereign state under the Articles of Confederation; and for more than 200 years a member of the United States.
For four brief years that's 1.5 percent of our state's entire history Georgia was a member of the Confederate States of America. Yet it is the Confederacy's most inflammatory symbol that dominates our flag today.
We all know why. And it has nothing to do with the bravery of the Confederate troops. You may quibble all you want about who said what in 1956.
It is clear the flag was changed in 1956 to identify Georgia with the dark side of the Confederacy that desire to deprive some Americans of the equal rights that are the birthright of all Americans, and yes, the determination to destroy the United States if necessary to achieve that goal.
The legislators who voted to change the flag in 1956 were prepared to defy the Supremacy Clause of the U.S. Constitution. They were prepared to eliminate our public schools and even prohibit our college football teams from competing in bowl games in order to maintain segregated schools, segregated public transportation, segregated drinking fountains and segregated recreational facilities.
We have long since repudiated every element of those shameful 1956 days of defiance except for the flag they created.
We now proudly send our sons and even our daughters abroad to defend the United States of America.
Yet we maintain as a symbol of our state a flag that challenges the very existence of the United States of America. And a flag that exhibits pride in the enslavement of many of our ancestors.
There is one, and only one, argument for maintaining the current flag: the polls, the polls say it is popular.
I submit to you that this one issue, by its very nature, transcends this particular session and this particular climate of opinion. It goes to our identity as a state, and it goes to our legitimacy as public officials.
Very probably this one vote will be the only one for which this General Assembly is ever remembered, and the one vote for which each and every one of you will be held accountable, not just by your constituents, but by posterity and history.
You will have to live with this one decision far beyond the next election 10 years from now, 30 years from now, to the end of your public career, to the end of your life.
If you don't believe me, think about those Congressmen who followed the polls of their day and voted against the Civil Rights Act of 1964. Some were ruined, and the rest forever regretted it.
I submit to you that you cannot escape this individual decision. You cannot hide in the crowd.

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81

This issue will not go away, and I do not believe a single one of you in this chamber really believes that the present flag will survive for very long into the future.

So, that brings it down to a matter of sheer guts. Will you do the easy thing, or the right thing? When your grandchildren read about this in school and ask you how you voted, will you be able to answer in a forthright manner, or will you say, "Well, you see, the polls looked bad back then?" Or, "I wanted a referendum first?"

Will you proudly act as an individual, or will you just go along with the crowd?

My all-time favorite movie is To Kill a Mockingbird the Academy Award winner based on Harper Lee's story about life in the South in the 1900's, with Gregory Peck as Atticus Finch, a lawyer raising two small children.

In that movie's key scene, Atticus is defending a black man unjustly accused of rape, and a lynch mob tries to take justice into its own hands. As Atticus confronts the mob at the jailhouse door, his daughter "Scout" joins him and sees that the leader is someone she knows. And she calls him by name.

"Hey, Mr. Cunningham boy. Tell him I said hello."

remember me? You're Walter's daddy. Walter's a good

After a dramatic pause, Mr. Cunningham turns and says to the mob, "Let's go, boys."

A group bent on injustice, turned aside by one small girl who appealed to them as individuals. Well, my friends in this Chamber, I know you. And I appeal to each of you as individuals as fathers and mothers, as neighbors and friends, most of whom were taught in Sunday Schools to "do unto others as you would have them do unto you."

Leaders of this General Assembly

I know you. I know the love and dedication

you have exhibited over the years to your children and grandchildren

and so often

to the underdog in a fight.

Let that love manifest itself now in a way that will crown your proud careers with

the glory you deserve

not with the scorn of posterity that will obscure forever your

proper respect.

Veteran legislators

those who remember the segregationist frenzy that changed

the flag before I know you. Rarely does one have a chance to rewrite one's own per-

sonal history and erase one great blot. You do. Take it before it is too late.

Rising stars who aspire to future leadership

I know you. I know you are doubly

tempted to hedge on an issue where both popular opinion and the powers that be blow

harsh against your principles.

But, my friends, you cannot lead with a finger raised to the wind and an ear to the

ground

it's an undignified position. Lead now, or you find it very difficult to lead

in the future.

Republicans, believe it or not, I know you. I respect your traditions, and the rebel yell of the Lost Cause sounds especially harsh and awkward in your throats. Your vote on this issue will say much about where you aim to take the Party of Lincoln in a changing state.

Freshman legislators

I don't know you yet, but I do understand the desire for

change that brought you here and the unlimited horizons you face. If you vote against

changing the flag, then, no matter what other innovations you may promote, you will for-

ever be cast as a member of a rear guard faction that refused to hear change knocking

on the door.

Oh yes, you can be re-elected, not just in 1994 but, perhaps, again and again. But in your quest for change, you will never overcome this one retrograde vote.

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JOURNAL OF THE HOUSE,

I know you, members of the General Assembly. And I hope you know me well enough to know that I am dead serious about this issue. And, to paraphrase Rhett Butler, frankly, my dear friends, I do give a damn.
Since 1789, Georgia's motto has been: "Wisdom, Justice, Moderation." There is nothing wise, just or moderate in a flag that reopens old wounds and perpetuates old hatreds.
Our battlefields, our graveyards, our monuments are important reminders of our history, both the proud and the painful. They will and always should be there. That's history. But our flag is a symbol a symbol of what we stand for as a state.
I want to see this state live by the words of George Washington to the sexton of the Rhode Island synagogue: "Ours is a government which gives to bigotry no sanction, to persecution no assistance."
If you're truly proud of the South, if you're truly proud of this state, of all its 260 years, if you look forward and want to play a significant part in what Georgia can become, then help me now to give bigotry no sanction, and persecution no assistance.

Senator Robinson of the 16th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.

The Speaker called the House to order.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, JANUARY 13, 1993

83

Representative Hall, Atlanta, Georgia Wednesday, January 13, 1993

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:

Ashe Atkins Bailey Baker Bannister Barfoot Bargeron Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks,D Brooks.T
Brown Buck Buckner
Bunn Burkhalter Campbell Canty Carlisle
Carrell Carter Cauthorn Chambless Chandler Channel!
Childers Clark Coker Coleman.B Coleman,T

Colwell Connell Cox Crawford
Crews Culbreth Cummings Davis.G Dickinson
Dix Dixon,H Dixon.S Dover Ehrhart
Epps Evans Felton Floyd,J.M
Floyd,J.W Godbee Golden Goodwin
Greene Groover Hammond Hanner Harris,B Harris,M Hart
Heard Hegstrom Hembree Holland Howard

Hudson Hughes Hugley James Jamieson Jenkins Johnson,D.H
Johnson,E JohnsontG Johnson,J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lane.R Lawrence Lawson Lee Lewis Lord Maddox Mann
McBee McClinton McKinney,B Mills Mobley,B Mobley,J Moore

Mosley Mueller Oliver O'Neal Orrock Padgett Par ham Parrish Patten Pelote Perry Pinholster Poag Polak Porter Poston Powell Purcell Randolph Ray Reaves
Reichert
Roberts
Royal
Scoggins
Shanahan
Sherrill
Shipp
Simpson
Skandalakis
Skipper
Smith,C
Smith.L

Smith.P Smith,T Smith.V Smith.W Snow Stancil,F Stancil.S Stanley,L Stanley,? Stephenson Street Taylor Teague Teper Thomas.C Tillman Titus Towery Trense Turnquest Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmorland
White
Williams^
Williams.R
Yates
Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Byrd of the 170th, Davis of the 60th, Sinkfield of the 57th, Henson of the 65th and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Richard F. Varnell, Sr., Pastor, Liberty United Methodist Church, Macon, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

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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.

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

HB 122. By Representatives Howard of the 118th, Hart of the 116th, Padgett of the 119th and Brown of the 117th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to specify certain actions which shall constitute malpractice in office on the part of an incumbent elected county officer who has been defeated in seeking reelection.
Referred to the Committee on Governmental Affairs.

HB 123. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that municipal elections shall be held on a certain date.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 124. By Representative Reaves of the 178th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricultural or aquacultural food products or commodities.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Ashe of the 46th, Smith of the 174th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.
Referred to the Committee on Governmental Affairs.

HB 126. By Representatives Ladd of the 59th and Williams of the 114th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to provide for additional requirements with respect to audits of insurers.
Referred to the Committee on Insurance.

WEDNESDAY, JANUARY 13, 1993

85

HB 127. By Representative Channell of the lllth:
A bill to reconstitute the Board of Education of Taliaferro County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 128. By Representative Ladd of the 59th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to change the minimum distances relating to warning signs and vehicle visibility.
Referred to the Committee on Public Safety.

HB 129. By Representative Channell of the lllth:
A bill to amend an Act providing a new charter for the City of Greensboro, so as to revise the punishment which may be imposed by the recorder's court for offenses within its jurisdiction.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 130. By Representatives Skandalakis of the 45th, Burkhalter of the 41st, Crews of the 78th and Mills of the 21st:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that upon a second or subsequent conviction for child molestation, a person shall be imprisoned for not less than five years, or for life but only upon having received notice, in writing, that the state intends to seek life imprisonment.
Referred to the Committee on Judiciary.

HB 131. By Representatives Groover of the 125th, Reichert of the 126th, Randall of the 127th and Lucas of the 124th:
A bill 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 or to authorize others to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities.
Referred to the Committee on Regulated Beverages.

HB 132. By Representatives Pinholster of the 15th, Stancil of the 16th, Porter of the 143rd, Jamieson of the 22nd, Poston of the 3rd and others:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change the composition of the fiscal affairs subcommittees; to provide for a joint chairperson; to require the submission of certain five-year strategic plans by each budget unit.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 133. By Representatives Brown of the 117th, Hart of the 116th and Howard of the 118th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking.
Referred to the Committee on Judiciary.

HB 134. By Representative Brown of the 117th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an additional exemption for sales to or use by certain organizations which are exempt from state income taxation and which receive a certain amount of public funds.
Referred to the Committee on Ways & Means.

HB 135. By Representative Johnson of the 84th:
A bill to amend an Act incorporating the City of Grayson, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 136. By Representatives Ehrhart of the 36th, Towery of the 30th, Campbell of the 42nd, Stancil of the 16th, Harris of the 17th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide the manner in which judges of the superior courts, state courts, and Court of Appeals and the Justices of the Supreme Court shall be elected; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide the method of election of superior court, state court, and Court of Appeals judges and Justices of the Supreme Court.
Referred to the Committee on Judiciary.

HB 137. By Representative Royal of the 164th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local governments, so as to change the expenditure level with respect to the requirement of such audits.
Referred to the Committee on Ways & Means.

HB 138. By Representative Wall of the 82nd:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful materials to minors, so as to make it unlawful to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor through a computer or computer network certain sexual materials which are harmful to minors or the advertisement of the means of procurement of such sexual materials which are harmful to minors.
Referred to the Committee on Special Judiciary.

WEDNESDAY, JANUARY 13, 1993

87

HB 139. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, maliciously and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.
Referred to the Committee on Special Judiciary.

HB 140. By Representative Watson of the 139th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of operators of roller skating centers and persons who utilize roller skating centers.
Referred to the Committee on Judiciary.

HB 141. By Representative Watson of the 139th:
A bill to amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions with respect to juvenile proceedings and parental rights, so as to change the definition of the term "child"; to provide that certain unruly individuals under the age of 18 years shall be subject to the provisions of Chapter 11 of Title 15.
Referred to the Committee on Judiciary.

HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".
Referred to the Committee on State Planning & Community Affairs.

HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolution programs in each county of this state.
Referred to the Committee on Judiciary.

HB 144. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 145. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 146. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 147. By Representatives Chambless of the 163rd, Bostick of the 165th, Thomas of the 100th and Hammond of the 32nd:
A bill to repeal Code Section 47-8-66 of the Official Code of Georgia Annotated, which prohibits any person appointed to or elected to public office from serving as senior judge under Chapter 8 of Title 47, the Superior Court Judges Retirement Fund of Georgia.
Referred to the Committee on Retirement.

HB 148. By Representatives Chambless of the 163rd, Bostick of the 165th, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to creation of the office of senior judge of the superior courts under Chapter 9 of Title 47, the "Act Creating the Superior Court Judges Retirement System," so as to repeal the prohibition against such senior judges practicing law or holding public office.
Referred to the Committee on Retirement.

HB 149. By Representatives Chambless of the 163rd, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions relating to corporations; to add a definition of the term "treasury shares".
Referred to the Committee on Judiciary.

HB 150. By Representatives Thomas of the 100th and Lee of the 94th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to provide that a sworn municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the municipal jurisdiction in which the offense is alleged to have been committed.
Referred to the Committee on Public Safety.

WEDNESDAY, JANUARY 13, 1993

89

HB 151. By Representative Teper of the 61st:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for statewide office or the General Assembly, so as to prohibit corporations from making political contributions; to provide a definition; to provide for the establishment of a separate, segregated corporate fund for political contributions.
Referred to the Committee on Governmental Affairs.

HB 152. By Representative Stephenson of the 25th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the board of education of the independent school system of the City of Commerce and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 153. By Representative Lane of the 55th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the age for statutory rape.
Referred to the Committee on Judiciary.

HB 154. By Representative Lane of the 55th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to the levy of license, occupation, or professional tax by counties and municipalities only at a practitioner's office, so as to provide that such limitation shall apply to utility contracting, conditioned air contracting, and low-voltage contracting.
Referred to the Committee on State Planning & Community Affairs.

HB 155. By Representative Stancil of the 91st:
A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of air reapportion the education districts from which members of the board of ed cation are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 156. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of * County, so as to change the composition of the commissioner distric which members of the Board of Commissioners of Mo; in Coi' elected.
Referred to the Committee on State Planning & Community Affair Local

HB 157. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of F " to change the salary of the judge of said court.
Referred to the Committee on State Planning & Comm

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HB 158. By Representatives Floyd of the 138th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service.
Referred to the Committee on Retirement.

HB 159. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 160. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 161. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority in general, so as to specify the methods by which the authority may borrow money.
Referred to the Committee on Appropriations.

HB 162. By Representative Twiggs of the 8th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers, so as to provide that when a person being taken into custody injures or otherwise contacts a law enforcement officer the officer may take certain steps to determine whether the person has an infectious or communicable disease.
Referred to the Committee on Public Safety.

HB 163. By Representative Twiggs of the 8th:
A bill to amend Code Section 27-2-5 of the Official Code of Georgia Annotated, relating to required hunter education courses, so as to provide that such courses shall not be required of persons 30 years of age or older.
Referred to the Committee on Public Safety.

HB 164. By Representatives Harris of the 112th and Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require Georgia residents to maintain proof of vehicle registration in such motor vehicle at all times; to require concurrent submission of a motor vehicle title application at the time of application for registration or transfer of registration of such vehicle.
Referred to the Committee on Motor Vehicles.

WEDNESDAY, JANUARY 13, 1993

91

HB 165. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit any passenger in a vehicle from engaging in certain types of behavior which interfere with the driver's view or control over the vehicle; to prohibit operating a truck on the roads of this state with the bed of the truck tilted.
Referred to the Committee on Motor Vehicles.

HB 166. By Representatives Simpson of the 101st, Buckner of the 95th, Poston of the 3rd, Ehrhart of the 36th and Benefield of the 96th:
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 and its members, terms, and finances, so as to remove the requirement that certain board members engaged professionally in rendering health services must be licensed to practice medicine.
Referred to the Committee on Health & Ecology.

HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd, Trense of the 44th and Campbell of the 42nd:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave.
Referred to the Committee on Governmental Affairs.

HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and Smyre of the 136th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.
Referred to the Committee on Children & Youth.

HB 169. By Representatives Kaye of the 37th, White of the 161st, Vaughan of the 34th, Atkins of the 29th, Ray of the 128th and others:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions .regarding the state sales and use tax, so as to provide that such tax shall not apply to certain casual sales or uses of motor vehicles.
Referred to the Committee on Ways & Means.

HB 170. By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the profiling of bills and resolutions prior to legislative sessions; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for additional filing fees for reports which are filed late.
Referred to the Committee on Governmental Affairs.

HB 172. By Representatives Davis of the 48th, Twiggs of the 8th and McKinney of the 51st:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen motor vehicles and notice to the owner upon recovery, so as to define certain terms; to provide that the law enforcement agency reporting the stolen vehicle shall notify the owner upon its recovery; to provide that the agency recovering the vehicle shall report recovery to the agency originally reporting such vehicle stolen.
Referred to the Committee on Public Safety.

HB 173. By Representatives Pelote of the 149th, Lane of the 55th, Smith of the 12th, Johnson of the 153rd, Mobley of the 86th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain price increases for certain goods when there is a declared state of emergency.
Referred to the Committee on Industry.

HB 174. By Representatives Powell of the 23rd, Watson of the 139th, Snow of the 2nd and Bailey of the 93rd:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
Referred to the Committee on Industry.

HB 175. By Representatives Wall of the 82nd, Ray of the 128th, Johnson of the 84th, Dickinson of the 83rd, Coleman of the 80th and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions used with respect to ad valorem taxation of property, so as to change the definition of the term "fair market value of property".
Referred to the Committee on Ways & Means.

HB 176. By Representatives Godbee of the 145th, Cummings of the 27th, Harris of the 112th, Snow of the 2nd and Lane of the 146th:
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 revise and change an exemption regarding the sale of certain aircraft, watercraft, locomotives and rolling stock, major components of each, and replacement parts.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 13, 1993

93

HB 177. By Representatives Coleman of the 142nd, Murphy of the 18th and Walker of the 141st:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1992-1993.
Referred to the Committee on Appropriations.

HB 178. By Representatives Pinholster of the 15th and Harris of the 17th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to provide for the development and issuance of rules and regulations to establish limitations on the release of certain odor-causing chemicals.
Referred to the Committee on Natural Resources & Environment.

HB 179. By Representatives Pinholster of the 15th, Stancil of the 16th, Towery of the 30th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the provisions relating to definitions; to require HIV testing as a condition for receiving marriage licenses.
Referred to the Committee on Health & Ecology.

HB 180. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to provide for limitations on the location of junkyards; to provide for screening requirements; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances.
Referred to the Committee on Industry.

HB 181. By Representatives Holmes of the 53rd, McKinney of the 51st and Mobley of the 69th:
A bill to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to prohibitions regarding the imposition of certain local taxes, so as to provide for applicability with respect to any sales tax, use tax, or sales and use tax levied and imposed pursuant to Section 25 of an Act approved March 10, 1965.
Referred to the Committee on Ways & Means.

HB 182. By Representatives Holmes of the 53rd, Brooks of the 54th, McKinney of the 51st, Sinkfield of the 57th, Martin of the 47th and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide for an exception with respect to the prohibition regarding alcoholic beverage sales within 250 feet of certain polling places.
Referred to the Committee on Regulated Beverages.

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JOURNAL OF THE HOUSE,

HB 183. By Representatives Holmes of the 53rd, Sinkfield of the 57th, McKinney of the 51st, Randall of the 127th, Martin of the 47th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to remove certain limitations with respect to state grants to hospital authorities for public health purposes.
Referred to the Committee on Health & Ecology.

HB 184. By Representatives Holmes of the 53rd, Sinkfield of the 57th, McKinney of the 51st, Randall of the 127th, Martin of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for the classification of certain hospitals as state regional hospitals.
Referred to the Committee on Health & Ecology.

HB 185. By Representative Holmes of the 53rd:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to authorize certain counties and municipalities to enter into agreements for the reporting of unpaid parking fines; to provide for the nonissuance of registrations and license plates on such vehicles.
Referred to the Committee on Motor Vehicles.

HB 186. By Representative Holmes of the 53rd:
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 authorize the imposition of a joint county and municipal sales and use tax on motor fuel within special districts.
Referred to the Committee on Ways & Means.

HB 187. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Goodwin of the 79th, Stanley of the 50th, Tillman of the 173rd and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars.
Referred to the Committee on Public Safety.

HB 188. By Representatives Holmes of the 53rd, Lee of the 94th, Brooks of the 54th, Walker of the 141st, Connell of the 115th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that bills may be filed with the Secretary of the Senate or the Clerk of the House of Representatives at any time the General Assembly is not in session.
Referred to the Committee on Rules.

WEDNESDAY, JANUARY 13, 1993

95

HB 189. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to special primaries or special elections to fill vacancies in public office.
Referred to the Committee on Governmental Affairs.

HB 190. By Representatives Evans of the 28th and Groover of the 125th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.
Referred to the Committee on University System of Georgia.

HB 191. By Representatives Pinholster of the 15th, Groover of the 125th, Stancil of the 16th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses.
Referred to the Committee on State Institutions & Property.

HB 192. By Representatives Cummings of the 27th and Thomas of the 100th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities and commissions in the Employee's Retirement System of Georgia, so as to provide that employees of the Georgia Indigent Defense Council shall be members of such system.
Referred to the Committee on Retirement.

HB 193. By Representatives Hammond of the 32nd and Sherrill of the 62nd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the solicitation of the elderly during certain hours.
Referred to the Committee on Human Relations & Aging.

HB 194. By Representative Hammond of the 32nd:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients.
Referred to the Committee on Judiciary.

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HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to authorize the Department of Natural Resources to issue permits for the construction, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to grant revocable license agreements without competitive bidding.
Referred to the Committee on Game, Fish & Parks.

HB 196. By Representatives Johnson of the 148th, Barfoot of the 155th, Henson of the 65th, Byrd of the 170th, Campbell of the 42nd and others:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors and injury from want of a reasonable degree of care as a tort, so as to change the provisions relating to the scope of practice of chiropractors.
Referred to the Committee on Health & Ecology.

HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
Referred to the Committee on Regulated Beverages.

HB 198. By Representative Clark of the 40th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that certain acts performed while attempting to flee or elude a law enforcement officer shall constitute a felony.
Referred to the Committee on Motor Vehicles.

HB 199. By Representative Clark of the 40th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to radar speed detection devices, so as to provide that county and municipal law enforcement officers in counties of 100,000 or more shall be exempt from certain restrictions on the use of radar devices.
Referred to the Committee on Motor Vehicles.

HB 200. By Representative Clark of the 40th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the requirements for demanding a jury of 12 in civil actions in state court.
Referred to the Committee on Judiciary.

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97

HB 201. By Representatives Clark of the 40th, Kaye of the 37th, Ehrhart of the 36th and Vaughan of the 34th:
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 all teachers in grades K through 12 be given a 30 minute duty-free lunch period.
Referred to the Committee on Education.

HB 202. By Representatives Clark of the 40th and Crews of the 78th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to prohibit certain retail outlets which sell gasoline, diesel fuel, or other fuel from selling or offering to sell cold alcoholic beverages.
Referred to the Committee on Regulated Beverages.

HB 203. By Representative Clark of the 40th:
A bill to amend Article 7 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to product packaging, so as to prohibit the sale to consumers of multiple containers of beer, mineral waters, soda and carbonated soft drinks which are linked by a plastic which is not biodegradable.
Referred to the Committee on Industry.

HB 204. By Representative Clark of the 40th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to prohibit the use of radar detectors.
Referred to the Committee on Public Safety.

HB 205. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office.
Referred to the Committee on Public Safety.

HR 49. By Representative Colwell of the 7th:
A resolution repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.
Referred to the Committee on State Institutions & Property.

HR 50. By Representative Reaves of the 178th:
A resolution recommending and urging the Commissioner of Agriculture to lease certain state owned real property, located in the City of Valdosta, Lowndes County, and under the control of the Department of Agriculture, to Mr. David Corbett.
Referred to the Committee on Agriculture & Consumer Affairs.

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HR 51. By Representatives Titus of the 180th and Yates of the 106th:
A resolution creating the House State Emergency Management Study Committee.
Referred to the Committee on Rules.

HR 52. By Representatives Ehrhart of the 36th, Campbell of the 42nd, Kaye of the 37th, Towery of the 30th and Skandalakis of the 45th:
A resolution urging Honorable Zell Miller, Governor of the State of Georgia, to refrain from entering into any settlement agreement with the plaintiffs in the federal lawsuit relating to the election of superior court judges in the State of Georgia.
Referred to the Committee on Judiciary.

HR 53. By Representatives Thomas of the 100th, Simpson of the 101st, Royal of the 164th, Watts of the 26th and Stancil of the 91st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a special 1 percent sales and use tax for educational purposes, with a corresponding reduction in ad valorem taxation.
Referred to the Committee on Ways & Means.

HR 54. By Representatives Porter of the 143rd, Sherrill of the 62nd, Teper of the 61st, Smith of the 12th, Poston of the 3rd and others:
A resolution creating the Joint Study Committee on Legislative Information Systems and Accessibility.
Referred to the Committee on Rules.

HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.
Referred to the Committee on Transportation.

HR 56. By Representatives Porter of the 143rd, Sherrill of the 62nd, Teper of the 61st, Smith of the 12th, Poston of the 3rd and others:
A resolution creating the House Study Committee on Legislative Information Systems and Accessibility.
Referred to the Committee on Rules.

HR 57. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Smyre of the 136th, Randall of the 127th, Lucas of the 124th and others:
A resolution urging the Board of Regents of the University System of Georgia to promote the status of one or more black colleges in Georgia to universities.
Referred to the Committee on University System of Georgia.

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99

HR 58. By Representative Smith of the 109th:
A resolution proposing an amendment to the Constitution so as to prohibit the passage of bills or joint resolutions requiring certain expenditures of public funds by political subdivisions of the state unless a fiscal note is attached thereto and to provide for general laws controlling legislative procedures relating to such prohibition.
Referred to the Committee on Rules.

HR 59. By Representative Clark of the 40th:
A resolution proposing an amendment to the Constitution so as to create staggered four-year terms for Senators.
Referred to the Committee on Rules.

HR 60. By Representative Clark of the 40th:
A resolution directing the Board of Regents of the University System of Georgia to establish a committee to study the need for a four-year college to be located in Gordon County and named New Echota College.
Referred to the Committee on University System of Georgia.

HR 61. By Representatives Watts of the 26th, Chambless of the 163rd, Lee of the 94th, Smith of the 174th, Byrd of the 170th, Parrish of the 144th, Groover of the 125th, Baker of the 70th, Walker of the 141st, and Hudson of the 156th:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HB 106 HB 107 HB 108 HB 109 HB 110 HB 111 HB 112 HB 113 HB 114

HB 115 HB 116 HB 117 HB 118 HB 119 HB 120 HB 121 HR 22 HR 23

Representative Lee of the 94th 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 20 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 7 Do Pass HB 8 Do Pass, by Substitute HB 9 Do Pass HB 11 Do Pass
HB 12 Do Pass HB 13 Do Pass HB 14 Do Pass HB 17 Do Pass

HB 19 Do Pass HB 20 Do Pass HB 35 Do Pass HB 58 Do Pass
HB 15 Do Pass, by Substitute HB 16 Do Pass, by Substitute HB 33 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 7. By Representative Godbee of the 145th:
A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 8. By Representative Smith of the 102nd:
A bill to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The following Committee substitute was read and adopted:

A BILL
To reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 13, 1993

101

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Harris County which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Harris County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Harris County as existed immediately prior to January 1, 1994, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those appointed members of the Board of Education of Harris who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members until December 31, 1993. On and after January 1, 1994, the Board of Education of Harris County shall consist of seven members all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education, the Harris County School District is divided into seven education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Harris County School District:
Education District: 1
HARRIS COUNTY VTD: 0001 CATAULA (Part) Tract: 9804. Block(s): 305, 306, 349, 350 VTD: 0003 FLAT SHOALS (Part) Tract: 9801.98 Block(s): 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 346, 347, 350, 351, 352, 353, 354, 355, 377, 378, 390, 391, 392, 393, 394, 395, 396, 397, 427B, 432, 433, 434 VTD: 0005 HAMILTON (Part) Tract: 9801.98 Block(s): 246A, 246C, 246D, 247, 248, 249, 280A, 287, 291, 292 Tract: 9802. Block(s): 232, 233A, 252, 253, 254, 255, 256 Tract: 9803. Block(s): 105, 106A, 106B, 106C, 108A, 108B, 108C, 108D, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131B, 132B, 133, 134, 135, 136A, 136B, 137A, 137B, 145A, 145B, 146, 147A, 149, 151, 152, 155, 156, 165B, 166, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 205, 206, 207, 208, 209, 291, 293, 297 Tract: 9804. Block(s): 110A, 201, 202, 203A, 204, 205, 206, 209, 302, 303 VTD: 0007 PINE MOUNTAIN VALLEY (Part) Tract: 9803. Block(s): 103B, 104 VTD: 0009 UPPER 19TH (Part) Tract: 9803. Block(s): 230, 231, 288 VTD: 0010 VALLEY PLAINS (Part) Tract: 9802. Block(s): 125A, 134, 135, 155B, 156A, 156B, 156C, 157B, 161, 168, 170, 171, 172, 182, 196, 197, 231 VTD: 0011 WAVERLY HALL (Part)

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Tract: 9804. Block(s): 110B, 111A, 111B, 112, 113, 114, 115A, 115B, 116, 117A, 117B, 130, 162, 163, 203B, 269, 522A, 526A, 526B, 528A, 540, 541, 545, 546
VTD: 0012 WHITESVILLE (Part) Tract: 9801.98 Block(s): 267, 271, 272, 273, 277, 278, 279, 280B, 284, 285, 286, 288, 289, 290, 341, 356, 357, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 379, 380, 381, 382, 385, 386, 387, 388, 389 Tract: 9803. Block(s): 219, 220, 221, 222, 223, 224, 225, 226, 227, 228
Education District: 2
HARRIS COUNTY VTD: 0003 FLAT SHOALS (Part) Tract: 9801.98 Block(s): 303, 304, 305, 306, 307, 308A, 308B, 309A, 310, 311, 312, 313, 314, 333, 334, 335, 336, 337, 342, 343, 344, 345, 348, 349, 358, 401B VTD: 0004 GOODMAN VTD: 0007 PINE MOUNTAIN VALLEY (Part) Tract: 9802. Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 119A, 120A, 205, 206, 208, 217, 218, 219, 220, 221, 223, 224, 225, 235, 236 VTD: 0008 SKINNER VTD: 0010 VALLEY PLAINS (Part) Tract: 9802. Block(s): 104B, 118B, 119B, 120B, 222, 229 VTD: 0012 WHITESVILLE (Part) Tract: 9801.98 Block(s): 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 261, 262, 263, 264, 265, 266, 268, 269, 270, 274, 275, 276, 295, 296, 297, 301, 302, 338, 339, 340
Education District: 3
HARRIS COUNTY VTD: 0006 LOWER 19TH VTD: 0009 UPPER 19TH (Part) Tract: 9801.98 Block(s): 383, 384 Tract: 9803. Block(s): 215, 216, 217, 218, 229, 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, 279, 281, 282, 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, 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, 401, 402, 403, 404, 405, 406, 407, 417, 418, 419

WEDNESDAY, JANUARY 13, 1993

103

Education District: 4
HARRIS COUNTY VTD: 0001 CATAULA (Part) Tract: 9804. Block(s): 411, 412, 413, 414, 415, 423, 424, 425, 426, 427, 428, 429A, 431, 434, 435, 436, 437 VTD: 0002 ELLERSLIE (Part) Tract: 9804. Block(s): 259, 260, 261, 262, 263, 264, 265, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 429B, 430, 432 VTD: 0005 HAMILTON (Part) Tract: 9802. Block(s): 245, 246, 251, 257, 258, 259, 263, 264, 265 Tract: 9803. Block(s): 103A, 107, 131A, 132A, 138, 139, 140, 141, 142, 143, 144, 147B, 148, 150, 153, 154, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 167, 168, 169, 170A, 170B, 171, 172, 173, 174A, 174B, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 294, 295, 296 Tract: 9804. Block(s): 207, 208, 301 VTD: 0007 PINE MOUNTAIN VALLEY (Part) Tract: 9802. Block(s): 201, 202, 203, 204, 207, 209, 210, 211, 212, 213, 214, 215, 216, 226, 227, 233B, 234, 237, 238, 239, 240, 241, 242, 243, 244, 247, 248, 249, 250 Tract: 9803. Block(s): 101, 102, 197 VTD: 0010 VALLEY PLAINS (Part) Tract: 9802. Block(s): 101A, 101B, 102, 103, 121, 122, 123, 124, 125B, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 157A, 158, 159, 160, 162, 163, 164, 165, 166, 167, 169, 173, 174, 175, 176A, 176B, 177, 178, 179, 180, 181, 183, 184, 188, 189, 190, 191, 192, 193, 194, 195, 228, 230, 260, 261, 262 Tract: 9804. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156B, 157, 158, 159B, 160, 161 Tract: 9805.98 Block(s): 283B, 284B VTD: 0011 WAVERLY HALL (Part) Tract: 9802. Block(s): 185, 186, 187 Tract: 9804. Block(s): 105, 106, 107, 108, 109, 128A, 131, 156A, 159A, 268, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 501, 502, 503, 504A, 504B, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 523, 524, 525A, 525B, 531, 547
Education District: 5
HARRIS COUNTY

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VTD: 0001 CATAULA (Part) Tract: 9804. Block(s): 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 245, 310A, 311, 318, 319, 323, 324, 325, 326, 327, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 401, 402, 403, 404, 405, 406, 407A, 408, 409, 410, 416, 417, 418, 419, 420, 421, 422
VTD: 0002 ELLERSLIE (Part)
Tract: 9804. Block(s): 221B, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 266, 267, 296, 297, 407B, 433, 543, 544
VTD: 0005 HAMILTON (Part)
Tract: 9803. Block(s): 203, 204, 210, 211, 212, 213, 214, 275, 276, 277, 278, 289, 290, 292
Tract: 9804. Block(s): 304, 307, 308, 309, 310B, 312, 313, 314, 315, 316, 321, 322, 330
VTD: OQ11 WAVERLY HALL (Part) Tract: 9804. Block(s): 522B, 527, 528B, 529, 530, 532, 533, 534, 535, 536, 537, 538, 539, 542, 548, 549
Education District: 6
HARRIS COUNTY VTD: 0001 CATAULA (Part) Tract: 9804.
Block(s): 305, 306, 349, 350 VTD: 0003 FLAT SHOALS
VTD: 0004 GOODMAN VTD: 0005 HAMILTON (Part)
Tract: 9801.98 Block(s): 246A, 246C, 246D, 247, 248, 249, 280A, 287, 291, 292
Tract: 9802. Block(s): 232, 233A, 245, 246, 251, 252, 253, 254, 255, 256, 257, 258, 259, 263, 264, 265
Tract: 9803. Block(s): 103A, 105, 106A, 106B, 106C, 107, 108A, 108B, 108C, 108D, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145A, 145B, 146, 147A, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167, 168, 169, 170A, 170B, 171, 172, 173, 174A, 174B, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 205, 206, 207, 208, 209, 291, 293, 294, 295, 296, 297
Tract: 9804. Block(s): 110A, 201, 202, 203A, 204, 205, 206, 207, 208, 209, 301, 302,
303
VTD: 0007 PINE MOUNTAIN VALLEY
VTD: 0008 SKINNER VTD: 0009 UPPER 19TH (Part)
Tract: 9803.
Block(s): 230, 231, 288 VTD: 0010 VALLEY PLAINS (Part)
Tract: 9802.

WEDNESDAY, JANUARY 13, 1993

105

Block(s): 101A, 101B, 102, 103, 104B, 118B, 119B, 120B, 121, 122, 123, 124, 125A, 125B, 126, 127A, 127B, 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, 155A, 155B, 156A, 156B, 156C, 157A, 157B, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178, 179, 180, 181, 182, 183, 184, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 222, 228, 229, 230, 231, 260, 261, 262
VTD: 0011 WAVERLY HALL (Part) Tract: 9802. Block(s): 185, 186, 187 Tract: 9804. Block(s): 105, 106, 107, 108, 109, HOB, 111A, 111B, 112, 113, 114, 115A, 115B, 116, 117A, 117B, 130, 162, 163, 203B, 269, 522A, 526A, 526B, 528A, 540, 541, 545, 546
VTD: 0012 WHITESVILLE
Education District: 7
HARRIS COUNTY VTD: 0001 CATAULA (Part) Tract: 9804. Block(s): 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 245, 310A, 311, 318, 319, 323, 324, 325, 326, 327, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 401, 402, 403, 404, 405, 406, 407A, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 431, 434, 435, 436, 437 VTD: 0002 ELLERSLIE (Part) Tract: 9804. Block(s): 221B, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 407B, 429B, 430, 432, 433, 543, 544 VTD: 0005 HAMILTON (Part) Tract: 9803. Block(s): 203, 204, 210, 211, 212, 213, 214, 275, 276, 277, 278, 289, 290, 292 Tract: 9804. Block(s): 304, 307, 308, 309, 310B, 312, 313, 314, 315, 316, 321, 322, 330 VTD: 0006 LOWER 19TH VTD: 0009 UPPER 19TH (Part) Tract: 9801.98 Block(s): 383, 384 Tract: 9803.
Block(s): 215, 216, 217, 218, 229, 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, 279, 281, 282, 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, 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, 401, 402, 403, 404, 405, 406, 407, 417, 418, 419

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VTD: 0010 VALLEY PLAINS (Part) Tract: 9804. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156B, 157, 158, 159B, 160, 161 Tract: 9805.98 Block(s): 283B, 284B
VTD: 0011 WAVERLY HALL (Part) Tract: 9804. Block(s): 128A, 131, 156A, 159A, 268, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 501, 502, 503, 504A, 504B, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522B, 523, 524, 525A, 525B, 527, 528B, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 542, 547, 548, 549
(c) For purposes of subsection (b) 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 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 Harris County School District which is not included in any education district described in subsection (b) of 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 Harris County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) Each member of the board of education shall, at the time of election or appointment, be at least 21 years of age, shall be a registered elector entitled to vote for members of the General Assembly, shall have resided in Harris County for the most recent 12 months preceding such election or appointment, and shall have resided in the education district which such candidate seeks to represent for the most recent 12 months preceding such election or appointment. Each candidate for an elected position shall designate the district for which he or she is offering.
(c) The board created by this Act shall be the successor to the board of education existing on the effective date of this Act and shall be a continuation of such board and may exercise all powers vested in county boards of education by laws of the Constitution of this state.

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Section 4. (a) The members of the Harris County Board of Education elected to serve Education Districts 1, 2, 3, 4, and 5 will continue to serve the remainder of their terms, and until their successors are duly elected and qualified. The members representing Education Districts 6 and 7 shall be elected on the Tuesday next following the first Monday in November, 1993, and shall take office on January 1, 1994, to serve initial terms of three years and one year, respectively. Notwithstanding the residency requirements in Section 3 of this Act, the candidates of such initial election for Eduction Districts 6 and 7 need not reside within the districts which they seek to represent. Thereafter, candidates for Education Districts 6 and 7 shall be subject to all requirements of Section 3 of this Act including, without limitation, the residency requirements. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(b) All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A.
(c) Four members shall constitute a quorum of the Board of Education of Harris County.
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.
Section 6. Members of the Board of Education of Harris County shall be compensated as provided in Code Section 20-2-55 of the O.C.G.A. Members of the board, including the chairperson, shall be reimbursed for expenses as provided in Code Section 20-2-55 of the O.C.G.A.; provided, however, the board may by appropriate resolution annually delegate to the chairperson the authority to approve in advance requests for per diem and reimbursement of actual expenses for board members while meeting and traveling within or outside the state as a member of a committee of the board or on official business of the board.
Section 7. At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman and one to serve as vice chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman and vice chairman of the board.
Section 8. (a) The superintendent of schools for the Harris County School District in office on the effective date of this Act shall continue to serve for the remainder of his contract. The board of education shall appoint the school superintendent of the Harris County School District. The superintendent shall serve under a contract of employment for a fixed term which fixed term may be less than but shall not exceed three years. The superintendent shall be compensated as provided by law, and the board of education may provide for such supplemental compensation as it deems necessary from funds available to the board.
Section 9. 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 Harris County to submit this Act to the United States Attorney General for approval. If, as of December 31, 1993, 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 10. This section and Section 9 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Harris County in 1993

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shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1994.
Section 11. 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.

HB 9. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to change the commissioner districts in said county.

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

HB 11. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of AthensClarke County are elected.

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

HB 12. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.

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

HB 13. By Representative Porter of the 143rd:
A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 17. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.

WEDNESDAY, JANUARY 13, 1993

109

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

HB 19. By Representatives Greene of the 158th and Skipper of the 137th:
A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.

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

HB 20. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 35. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 58. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove

Y Brooks.D N Brooks.T N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn

Y Chambless Chandler
Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis.G Y Davis,M Y Dickinson Y Dix Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M

Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree

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Y Henson Y Holland N Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein
YLadd Y Lakly

YLane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton Y McKinney,B
Milam Y Mills Y Mobley,B
Y Mobley,J Y Moore Y Mosley
Mueller Y Oliver

Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Royal

Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
Y Skandalakis Y Skipper Y Smith,C Y Smith.L Y Smith.P Y Smith.T Y Smith.V Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil,S Y Stanley.L
Y Stanley,? Y Stephenson Y Streat

Y Taylor Teague
Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland N White Y Williams.B
Y Williams.R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bills, the ayes were 162, nays 5. The Bills, having received the requisite constitutional majority, were

HB 14. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks,T N Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler Y Channel! Y Childers Y Clark

Y Coker Y Coleman,B Y Coleman.T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M Y Dickinson YOU Y Dixon,H Y Dixon,S
Dobbs Y Dover Y Ehrhart N Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden YGoodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M

NHart N Heard N Hegstrom Y Hembree
Henson Holland N Holmes Y Howard Y Hudson Y Hughes N Hugley N James Y Jamieson Y Jenkins Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord

Lucas Y Maddox YMann Y Martin Y McBee
N McClinton N McKinney.B
Milam Y Mills N Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote
Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall N Randolph YRay

Y Reaves Y Reichert
N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith.V Y Smith.W N Smyre YSnow
Stancil.F Y Stancil,S N Stanley.L N Stanley,? Y Stephenson Y Streat N Taylor
Teague Y Teper Y Thomas,C N Tillman Y Titus Y Towery

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111

YTrense NTurnquest YTwiggs

Y Vaughan Y Walker
Wall

Y Watson Y Watts Y Westmoreland

N White Y Williams.B Y Williams.R

Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 25. The Bill, having received the requisite constitutional majority, was passed.

Representative Perry of the llth 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 Jones of the 71st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Dickinson of the 83rd stated that he would like to abstain from voting on HB 14.

HB 15. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The following Committee substitute was read and adopted:

A BILL
To reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Clay County which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Clay County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Clay County as existed immediately prior to January 1, 1994, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those members of the Board of Education of Clay County who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1993. On and after January 1, 1994, the Board of Education of Clay County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education, the Clay County School District is divided into five education districts. One member of the board shall be

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elected from each such district. Those districts shall consist of the following described territory of the Clay County School District:
Education District 1
CLAY COUNTY VTD: 0001 PRECINCT 1 VTD: 0002 PRECINCT 2, 3, AND 4 (Part) Tract: 9601. Block(s): 201, 202, 271 Tract: 9602. Block(s): 111, 112, 113, 114, 134, 135, 136, 137, 138, 151, 152, 153, 154, 155, 158
Education 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
Education 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
Education 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
Education 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

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(c) For purposes of subsection (b) 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 Clay County School District which is not included in any education district described in subsection (b) of 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 Clay County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district for at least 12 months prior to election thereto, must have a high school diploma or its equivalent, and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.

Section 4. (a) The first members of the reconstituted Board of Education of Clay County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993, or November 2, 1993. Those members of the board elected thereto from Education Districts 1 and 2 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1994, and upon the election and qualification of their respective successors. Those members of the board elected thereto from Education Districts 3, 4, and 5 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.

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(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A.
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.
Section 6. Members of the Board of Education of Clay County shall be compensated as provided in Code Section 20-2-55 of the O.C.G.A./in the amount of $55.00 per meeting attended and shall be reimbursed for the actual expenses necessarily incurred.
Section 7. The chairperson of the board shall be selected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.
Section 8. (a) The elected school superintendent of the Clay County School District who is in office on January 1, 1993, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office and shall be replaced by an appointee of the board of education at the expiration of such term. In the event of a vacancy occurring in that office prior to the expiration of such term, that vacancy shall be filled as provided in Code Section 20-2-107 of the O.C.G.A.
(b) Upon the expiration of the term of the elected school superintendent as provided in subsection (a) of this section, the board of education shall appoint the school superintendent. Unless otherwise provided by general law, the board may provide that the superintendent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term of four years or less.
(c) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents.
Section 9. 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 Clay County to submit this Act General for approval pursuant to said federal Voting Rights Act of 1965.
Section 10. This section and Section 9 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Clay County in 1993 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1994.
Section 11. 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 127, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 16. By Representative Greene of the 158th:
A bill to amend an Act creating a board of commissioners of Clay 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 Clay County, approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2326), as amended, so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for the submission

WEDNESDAY, JANUARY 13, 1993

115

of this Act to the United States Attorney General; 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 Clay County, approved February 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 Section 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. 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

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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;
(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 Clay 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 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 for 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 127, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 33. By Representative Hanner of the 159th:
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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

All Local Bills were ordered immediately transmitted to the Senate.

WEDNESDAY, JANUARY 13, 1993

117

The Speaker announced the House in recess until 11:00 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 6 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Harold G. Clarke, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.

The Resolution calling for the Joint Session was read.

The Honorable Harold G. Clarke appeared upon the floor of the House and addressed the Joint Session.

Senator Robinson of the 16th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.

The Speaker called the House to order.

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

HR 20. By Representatives Royal of the 164th and Greene of the 158th:
A resolution inviting Coach Jack Johnson and his assistant coaches to appear before the House of Representatives.

Representative Thomas of the 100th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 144 Do Pass HB 145 Do Pass HB 146 Do Pass
Respectfully submitted, M Thomas of the 100th
Chairman

Representative Walker of the 141st 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.

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Representative Hall, Atlanta, Georgia Thursday, January 14, 1993

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.
The prayer was offered by Dr. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, 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 following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 206. By Representatives Coleman of the 142nd, Streat of the 167th, Twiggs of the 8th, Parrish of the 144th and Jenkins of the 110th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries. Referred to the Committee on Public Safety.
HB 207. By Representative Campbell of the 42nd:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation and maintenance and use of public roads generally, so as to provide for the conditions and restrictions under which state funds may be expended to install outdoor luminaires. Referred to the Committee on Transportation.

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HB 208. By Representatives Campbell of the 42nd, Trense of the 44th and Burkhalter of the 41st:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to provide that the construction of pedestrian walks and trails is an allowable purpose for which a municipality may expend taxes collected pursuant to said Code section.
Referred to the Committee on Ways & Means.

HB 209. By Representative Campbell of the 42nd:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to prohibit certain acts involving antifreeze.
Referred to the Committee on Natural Resources & Environment.

HB 210. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to an employer who discloses information about a former employee under certain circumstances.
Referred to the Committee on Industrial Relations.

HB 211. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough or mandatory release, escape, or transfer to a halfway house.
Referred to the Committee on State Institutions & Property.

HB 212. By Representatives Campbell of the 42nd, Trense of the 44th and Skandalakis of the 45th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to prohibit physicians from referring patients for health care goods or services to any business entity in which the physician has an equity interest of 10 percent or more.
Referred to the Committee on Health & Ecology.

HB 213. By Representative Twiggs of the 8th:
A bill to amend Chapter 25 of Title 43 of the Official Code of Georgia Annotated, relating to operators of motor vehicle racetracks, so as to transfer licensing authority and responsibility from the commissioner of public safety to the Safety Fire Commissioner.
Referred to the Committee on Public Safety.

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HB 214. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to change certain tire tread requirements for school buses.
Referred to the Committee on Motor Vehicles.
HB 215. By Representative Twiggs of the 8th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities, so as to provide that any such facility having less than 24 months of remaining capacity on July 1, 1993, shall be allowed no longer than 24 months from the date of issuance of a vertical expansion permit to meet certain standards.
Referred to the Committee on Natural Resources & Environment.
HB 216. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a system of public schools in the City of Jefferson, so as to reconstitute the board of education of the independent school system of the City of Jefferson and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 217. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to provide for council districts and for the election therefrom of members of the council of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 218. By Representative Dover of the 9th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 219. By Representative Dover of the 9th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to repeal an exemption relating to certain sales of motor vehicles to certain nonresident purchasers.
Referred to the Committee on Ways & Means.

HB 220. By Representative Dover of the 9th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to authorize certain adjustments with respect to certain resident and nonresident shareholders.
Referred to the Committee on Ways & Means.

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HB 221. By Representative Dover of the 9th:
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 revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information.
Referred to the Committee on Ways & Means.

HB 222. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner.
Referred to the Committee on Ways & Means.

HB 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course.
Referred to the Committee on Public Safety.

HB 224. By Representatives Lane of the 146th and Floyd of the 138th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.
Referred to the Committee on Natural Resources & Environment.

HB 225. By Representatives Brown of the 117th and Canty of the 52nd:
A bill to amend Code Section 45-10-24 of the Official Code of Georgia Annotated, prohibiting part-time officials with state-wide powers from transacting business with certain agencies.
Referred to the Committee on State Planning & Community Affairs.

HB 226. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Shipp of the 38th, Coker of the 31st and Towery of the 30th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for the election of the members of the Board of Education of the City of Marietta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 227. By Representative Murphy of the 18th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for physical custody of suspended drivers' licenses by the Department of Public Safety.
Referred to the Committee on Public Safety.

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HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th, Jenkins of the 110th, Streat of the 167th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring.
Referred to the Committee on Natural Resources & Environment.
HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.
Referred to the Committee on Ways & Means.

HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment requirement for such creditable service.
Referred to the Committee on Retirement.
HB 231. By Representatives Canty of the 52nd, Holmes of the 53rd, Tillman of the 173rd, Roberts of the 162nd, Brown of the 117th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that it shall be unlawful for a motor vehicle insurer to use geographic or residential location of an insured as a factor in determining the amount of premiums, policy fees, or rates charged.
Referred to the Committee on Insurance.

HB 232. By Representative Perry of the llth:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of property, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is innocent of all charges for which the inmate was being held.
Referred to the Committee on State Institutions & Property.

HB 233. By Representatives Canty of the 52nd, Holmes of the 53rd, Turnquest of the 73rd and Teague of the 58th:
A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of school systems to enter into multiyear lease, purchase, or lease purchase contracts, so as to provide that school systems may not enter into such multiyear contracts for the acquisition of real property.
Referred to the Committee on Education.

THURSDAY, JANUARY 14, 1993

123

HB 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.
Referred to the Committee on Retirement.

HB 235. By Representatives Stancil of the 16th, Crawford of the 129th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to notice and hearings regarding proposed local government zoning decisions, so as to provide for additional notice with respect to proposed zoning decisions.
Referred to the Committee on State Planning & Community Affairs.

HB 236. By Representatives Snow of the 2nd, Coker of the 31st, Carrell of the 87th, McBee of the 88th and Bailey of the 93rd:
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 and change provisions relating to limitation of civil actions for childhood sexual abuse.
Referred to the Committee on Judiciary.

HB 237. By: Representatives Davis of the 48th, Stanley of the 50th and Orrock of the 56th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for the regulation and licensing of mortgage brokers and mortgage bankers; and for other purposes.
Referred to the Committee on Banks & Banking.

HB 238. By: Representative Randall of the 127th:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to provide for the number of commissioners authorized for each authority created by a city or county governing authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 239. By: Representatives Cummings of the 27th and Godbee of the 145th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan; and for other purposes.
Referred to the Committee on Retirement.

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HB 240. By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Annotated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement.
Referred to the Committee on Industry.

HB 241. By Representatives Skandalakis of the 45th, Campbell of the 42nd and Burkhalter of the 41st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide that the chairpersons and commissioners of county governing authorities shall be elected in nonpartisan primaries and nonpartisan elections.
Referred to the Committee on Governmental Affairs.

HR 62. By Representative Campbell of the 42nd:
A resolution urging state agencies implementing roadway lighting projects using state funds to use available technologies and equipment to minimize light trespass, glare, and sky glow.
Referred to the Committee on Transportation.

HR 63. By Representatives Ladd of the 59th, Smith of the 174th, Coleman of the 142nd, Titus of the 180th, Hanner of the 159th and others:
A resolution to create the Metropolitan Atlanta Olympic Games Overview Committee.
Referred to the Committee on Rules.

HR 64. By Representatives Lane of the 55th, Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

HR 66. By Representatives Ray of the 128th, Walker of the 141st and Floyd of the 138th:
A resolution creating the Joint Study Committee on Sludge.
Referred to the Committee on Rules.

HR 77. By Representatives Skandalakis of the 45th, Sinkfield of the 57th and Campbell of the 42nd:
A resolution creating the House Restructuring of the Education System of Georgia Study Committee.
Referred to the Committee on Education.

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

THURSDAY, JANUARY 14, 1993

125

HB 122 HB 123 HB 124 HB 125 HB 126 HB 127 HB 128 HB 129 HB 130 HB 131 HB 132 HB 133 HB 134 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HB 143 HB 144 HB 145 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157 HB 158 HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169

HB 170 HB 171 HB 172 HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180 HB 181 HB 182 HB 183 HB 184 HB 185 HB 186 HB 187 HB 188 HB 189 HB 190 HB 191 HB 192 HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202 HB 203 HB 204 HB 205 HR 49 HR 50 HR 51 HR 52 HR 53 HR 54 HR 55 HR 56 HR 57 HR 58 HR 59 HR 60

Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report:

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

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HR 17 Do Pass HR 61 Do Pass HB 82 Do Pass

HR 19 Do Pass HR 21 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 108 Do Pass HB 114 Do Pass HB 115 Do Pass

HB 119 Do Pass HB 120 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 108. By Representative Milam of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts.

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

HB 114. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that the city manager shall be engaged in no work or business outside of his or her duties as city manager unless authorized by the city commission.

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

HB 119. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.

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

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127

HB 120. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.

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

HB 115. By Representative Bostick of the 165th:
A bill to provide a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that city; to provide such an exemption in the amount of $25,000.00 for certain such residents 65 years of age or older.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D N Brooks.T Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T

Colwell Y Connell YCox Y Crawford Y Crews
Y Culbreth Cummings
Y Davis.G Y Davis.M Y Dickinson YDix
Dixon.H
Dixon.S Y Dobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin
Y Greene Y Groover E Hammond Y Banner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland

Holmes Y Howard
Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D
Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Par ham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter Y Poston
Powell Y Purcell
Randall Y Randolph
Ray Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill YShipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Smith.L
Y Smith,? Smith.T
Y Smith.V Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S N Stanley.L N Stanley,P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas.C
Y Tillman Y Titus Y Towery Y Trense
Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland N White Y Williams.B Y Williams.R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bills, the ayes were 143, nays 5. The Bills, having received the requisite constitutional majority, were passed.

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JOURNAL OF THE HOUSE,

Representatives Cauthorn of the 35th, Dixon of the 150th, Goodwill of the 79th and Powell of the 23rd stated that they had been called from the floor of the House during the preceding roll call. They wish to be recorded as voting "aye" thereon.

By unanimous consent, all Local Bills were ordered immediately transmitted to the Senate.

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

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

SB 21. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.

SB 22. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; 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 stand repealed.

SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairperson of the board of elections.

HB 7. By Representative Godbee of the 145th:
A bill to reconstitute the Board of Education of Candler County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 11. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of AthensClarke County are elected.

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129

HB 12. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.
HB 13. By Representative Porter of the 143rd:
A bill to reconstitute the Board of Education of the City of Dublin, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 14. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Randolph County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 15. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Clay County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 16. By Representative Greene of the 158th:
A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.

HB 17. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.

HB 19. By Representatives Greene of the 158th and Skipper of the 137th: A bill to amend an Act creating a Board of Commissioners for the County of Marion, so as to change the compensation of the chairman and other members of the board.
HB 20. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Quitman County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
HB 33. By Representative Hanner of the 159th: 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.

HB 58. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Education of the City of Gainesville.

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JOURNAL OF THE HOUSE,

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

HB 35. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

SB 21. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 22. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; 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 stand repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairperson of the board of elections.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker announced the House in recess until 11:00 o'clock this morning.

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 7 having arrived, the Senate
appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.

The Resolution calling for the Joint Session was read.

Pursuant to the provisions of HR 7, the Speaker appointed as a Committee of Escort on the part of the House the following members:

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Representatives Bordeaux of the 151st, Carrell of the 87th, Culbreth of the 132nd, Jamieson of the 22nd, Golden of the 177th, Streat of the 167th and Randall of the 127th.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

More than 200 years ago, Thomas Paine, that champion of democracy who helped to spur the American Revolution, wrote these words:
"Public money ought to be touched with the most scrupulous conscientiousness of honor. It is not the produce of riches only, but of hard earnings of labor."
When I launched this administration two years ago, I promised to be bold and creative with ideas, but frugal and prudent with tax dollars.
And two days ago in my State of the State Address, I reported to you that our careful and conservative money management has made Georgia one of the healthiest states in the nation, even while we maintained a consistent level of services to one of the fastest growing state populations in the nation.
At the same time, we have made tremendous strides forward in education, economic development, public safety, environmental protection and human services.
Today, I lay before you a budget for Fiscal Year 1994 that continues this pattern of using our resources creatively but with fiscal discipline to bring about progress.
Although growth in state revenues has improved steadily since last February, and registered in double digits for November and December nevertheless, I am projecting mode'9s3t. revenue growth for FY '94 of 7.5 percent above my reduced revenue estimate for FY
If we meet the original revenue estimate for FY '93 as we expect, then we will need revenue growth of only 6.5 percent next year to meet this budget.
Economists agree that the national recovery is likely to be slow. And I am committed to rebuilding our reserve fund, which was depleted six months before I ever took office.
So I intend to continue the pattern of caution and tight-fisted management even as revenue growth picks up again.
The bottom line for the budget before you is $8,948,692,764. And you're going to quickly deduce that this is more than a 7.5 percent increase over FY '93.
The reason is because this budget includes funds from two new sources: First, the Indigent Care Trust Fund, which under prior federal regulations was injected into the budget at mid-year. And second, the proceeds from the Georgia Lottery for Education.
And I'd like to begin my presentation of budget items with the Lottery for Education.
It will be up and running by the time FY '94 begins next July 1st. However, the various types of games will be carefully phased in over several years.
We are projecting $139 million dollars in lottery proceeds for FY '94, based on the experience of other states with lotteries.
But I propose that we appropriate only $125 million, holding the remaining $14 million 10 percent as a reserve. I think that is necessary, at least until we get a better feel for how it will go.
Folks, it will be very tempting for you to spend this reserve, but you and I know that it would not be very fiscally responsible for you to do so.

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As you know, the lottery law stipulates expenditures in three areas: pre-kindergarten, college loans or scholarships and special equipment and capital needs.
In the budget document, these expenditures appear as special designations under the budgets of each of the appropriate education agencies. But I want to talk about them as a group.
First, pre-kindergarten. Let me emphasize once more that it will be voluntary by the parent and voluntary by the school system.
Each community can develop its own plan ... whether part of the school system, an expanded Head Start program, or even a new or expanded private, non-profit program. It will be phased in with the first priority being children who are at risk.
I propose $40 million for pre-kindergarten, based on the Department of Education's estimate of the number of at-risk four-year-olds to be targeted and the number of programs that can realistically be up and running during this first year.
The second legal use of lottery proceeds is loans and scholarships for college and technical education. As you may have heard more than once, I propose a program called HOPE, Helping Outstanding Pupils Educationally.
Any high school student with a B average a 3.0 grade point average would get a HOPE certificate for free tuition at any University System college where they are accepted, if their family income is less than $66,000 a year.
Second, students with a B average in their freshman year, can get a loan for tuition for their sophomore year. And if they keep a B average for their sophomore year, the loan is forgiven.
Third, HOPE would provide free tuition for diploma-granting programs at our 32 technical institutes.
Fourth, for those Georgians who dropped out of school, then go back to get their GED a $500 certificate for books, materials or fees at a public college or technical institute.
Fifth, I propose increasing tuition equalization grants from $1,000 to $1,500 for freshmen and sophomores at our independent colleges.
I recommend $39.7 million for the HOPE program, based on the actual number of students who would have qualified last spring.
The third program to be funded with lottery proceeds is one-time special equipment and capital needs that will change from year to year.
It will be a safety valve in addition to the reserve, expanding and contracting as lottery proceeds ebb and flow and the needs of the other two programs change.
After funding the first two programs, we will have about $45.3 million for this category.
As I indicated on Tuesday, I believe that we must use this money to bring technology into Georgia's schools.
Last year we created a state telecommunications program to bring world-class educational resources into every Georgia school, no matter how small. Since then, we did a survey of our school systems to learn what technology they need to take advantage of Distance Learning.
Based on that survey, I propose we appropriate nearly $15 million for more than 1,700 satellite dishes, so that every school, every University System college and technical institute in Georgia has a dish and can tap into the rich educational resources available through telecommunications.

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Second, computers. I propose $10.3 million to set up an early learning computer lab at every one of our 1,031 schools with elementary grades. Each school would receive a minimum of four computers, a printer and innovative software designed to stimulate young students.
Another $3 million would equip four regional computer centers to train our teachers in how to make the best use of technology in their classrooms.
I also recommend $2.5 million for a computer lab at each one of our 32 technical institutes, to train students in computer skills for word processing, business software, computer-assisted design and computer programming.
Finally on computers and this is also very important - I propose we allocate about $1.6 million for technology in adult literacy.
These funds will connect literacy providers around the state on a network, address the literacy needs of handicapped persons, assist the Satellite Literacy Training Project, and give small businesses access to literacy training for their employees.
And then for our University System, I recommend $7.5 million to begin an equipment, technology and construction trust fund.
It would provide a one-on-one match for private dollars contributed to our University System institutions. So the total impact would be $15 million next year. And I want to expand this fund as lottery proceeds increase.
The facilities for our educational TV network, operated by the Public Telecommunications Commission, need to be updated and expanded.
I want it to produce instructional programs for broadcast to our schools through their satellite receivers, as well as high-quality programs showcasing Georgia for national distribution.
A private source has offered us an excellent site. So I propose about $2 million to begin the new facility's design.
Finally, I suggest a $3.6 million expansion of the Carroll Tech satellite center in Douglas County to coordinate technical education, adult literacy, the Job Training Partnership program, the PEACH program and the Department of Labor at the community level. If it works as well as we expect, it will be the first of several centers around the state.
Every single school system, technical institute and college in the entire State of Georgia will benefit from the lottery proceeds. Every school system in your district will benefit.
As I promised all along, this money does not supplant one single red cent of existing educational funds. Your constituents are going to be very interested in that fact.
In addition to the lottery money, I am recommending about $157 million in new state funds for our schools and for teacher pay raises.
Of course, $108 million of it accommodates enrollment growth under the QBE formula. But there are new proposals, also.
There's $2 million for the Next Generation Schools Project, which is a public privatepartnership that will bring together $2 million in state funds, $2 million in private funds and $2 million in local education money to provide funds for Charter Schools.
Last year you began an administrative computer system for schools, helping reduce cumbersome paperwork for teachers. And I recommend $7 million for equipment and $2.76 million for installation and project management, to expand this system to every high school in the state.

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The Family Connection is an innovative pilot program that provides local coordination of social services for the families of children who are at risk. It has been so successful that Georgia is under consideration for a prestigious Pew Grant.
I recommend providing about $2 million to keep our 14 pilot sites operating after the private grant that started them expires, and to fund 16 new family connection sites.
One of the problems in retaining teachers in the profession is salaries. And that is especially true for more than a third of our teachers whose salaries have reached the ceiling on the salary schedule. This has bothered me for a long time. So this year I propose we do something about it.
Rather than a flat percentage-based pay raise, I propose that we adjust our teacher salary schedule, which is based on experience and ongoing professional training.
I want to increase what teachers can expect to earn if they stay in the profession, by making improvements throughout the salary schedule for teachers in our schools and technical institutes.
And I recommend that we add a fifth tier to the end that L-5 step you've heard so much about. The total cost of these salary adjustments will be $42.4 million, and I wish it could be more.
An individual teacher's pay raise would depend on where they are on the salary schedule, but teachers who are moving a step could receive 3 percent or more, and the third of our teachers who will go into the new fifth step could receive as much as 4.2 percent.
On capital outlay for public schools, I am recommending $148 million for construction in 60 different schools systems, in compliance with the current QBE construction law.
The bond section of the budget also includes $6.9 million for vocational education equipment in high schools and middle schools.
As more and more Georgians realize the importance of education in today's workplace, enrollments are soaring at our 34 University System institutions.
Last school year, University System enrollment grew by 6.5 percent which is more students than the total enrollments of Augusta and Columbus Colleges combined.
So, if you compare your two budget documents for this year and next, you will see more than $100 million in new funds for the State Board of Regents.
The bulk of it is for the funding formula, providing for increased enrollment, health insurance costs and pay raises. I am recommending not only the 1.5 percent that is called for in the funding formula for pay increases, but also another half percent to be added to that, to give the Regents more flexibility in adjusting salaries to attract and retain highquality personnel.
I also propose that we fund the first three projects on the Regents' capital outlay priority list:
* a $31 million Comprehensive Agricultural Livestock and Poultry Facility at the University of Georgia to provide classrooms and modern animal research labs;
* a $41 million Children's Medical Center at the Medical College of Georgia, which will not only make MCG a leader in pediatrics research and training, but will also serve children from all over Georgia;
* and a Biocontainment Research Center at the University of Georgia, to be built with a 50-50 match of state and federal funds, our share being $8 million. There are very few adequate biocontainment facilities anywhere in this country, and this center will make Georgia a national leader in animal disease research.

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I also propose $27.8 million for renovation and repairs throughout the System, which has over 400 buildings that are more than 50 years old and another 1,000 buildings that are 25-50 years old.
And I recommend four University System projects that will pay back the cost of the bonds from the revenues they generate.
They include dormitories at Georgia Tech for $113 million and at Gordon College for $2.4 million, and parking decks at Georgia Tech and Georgia State University totalling $11.6 million.
So, when you see that total of $250 million in University System bonds, remember that more than half of it will be paid back by revenues generated by the projects themselves, and not out of the general treasury.
As the education and training demanded by the average job approaches 14 years, technical and adult education is becoming more and more essential.
In addition to the lottery funds that go into technical and adult education, I am proposing $3.8 million in new money for technical training, including funds to begin the second year of the two-year programs at Georgia's four newest technical institutes at Jesup, Vidalia, Statesboro and north metro Atlanta.
I also propose funds for faculty and operations at the expansions authorized last year at eleven institutes.
And then I propose that we expand programs like electronics, technology and health occupations, that are in demand both by entering students and employers.
More than half of Georgia's workforce is either illiterate or has limited skills, and this state has a growing population of chronically unemployed adults who lack basic job skills.
That is why I am proposing a goal of at least one full-time adult literacy teacher in each county, to be achieved over the next two years.
The first year's cost will be $2.7 million for 68 teachers. And, as I mentioned above, we would use lottery proceeds to provide some computer equipment.
Last year my capital outlay recommendation was $32.6 million for 11 technical institutes. This year I propose another $31 million for seven construction projects at Americus, Clarkesville, Jasper, Gainesville, Sandersville, Swainsboro and Thomasville.
I also propose funds to plan the new Middle Georgia campus, because the old one now is land-locked and the training needs of our growing aero-space industry demand a program expansion.
I recommend planning funds for the Forsyth County satellite of Lanier Tech, which will focus on high tech and health occupation programs.
I also recommend $3.5 million to upgrade our training equipment, and $2.5 million for renovation and repair.
More funding has gone into our technical institutes in the past two years than at any comparable time in our history. But never has it been needed more.
I want to build public libraries in Charlton, Crawford, Effingham, Gwinnett, Madison, Meriwether, Oglethorpe counties and two in Fayette County, which have qualified for $7.6 million in construction assistance.
Last year, we reconstituted the Governor's Economic Development Council into a public-private partnership to direct the expansion of Georgia's economic development efforts.

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I chair that Council, and my legislative and budget recommendations for economic development have been formulated by the Council.
The centerpiece is $22 million for the Georgia Research Alliance our answer to the Research Triangle of North Carolina. It is a public-private partnership of our six major universities, industry and state government. It is coordinating and expanding our research capability in telecommunications, genetics and environmental sciences three areas of emerging technology with great potential for future economic and industrial growth.
You will be interested to know that the $15 million we put into the Research Alliance last year has already attracted $32 million in federal and private research funds.
This year's recommendation is expected to bring in $61 million in federal and private funds. So, in the course of making a long-term investment of $37 million in state funds, we are seeing an immediate economic impact of $130 million. Not a bad return!
This year's investment includes $13.6 million to construct or renovate facilities and purchase equipment. The remaining $8.4 million would help endow nine new eminent research scholars at the four largest universities, and fund a center at the Tifton Agricultural Experiment Station to develop and promote environmentally sound agricultural practices.
The second initiative of the Economic Development Council is $7 million to provide technology assistance to the pulp and paper, textile and apparel, and food processing industries that are the bedrock of our economy.
Georgia is the national leader in wood pulp and paperboard, and for our pulp and paper industry I propose $2.5 million in state funds to be matched one-on-one by private funds for research and technology transfer. Another $3.2 million will update and expand the prestigious Herty Foundation lab.
For our textile and apparel industry the largest manufacturing employer in the state $500,000 will be matched by $2 million in federal funds to bring Georgia Tech into the National Textile Center.
Another $500,000 dollars will again be matched by $2 million in federal funds for the Apparel Manufacturing Center, which is a joint project of Southern Tech and Georgia Tech.
Our food processing industry has tremendous potential for South Georgia, and we just launched a new export initiative to help it. For both the food processing and the textile and apparel industries, I propose funds to develop public-private initiatives to achieve greater competitiveness for these industries.
Of course, our transportation infrastructure continues to be important to economic development. I am recommending $125 million in bonds for our economic development highways, more money than last year, but with the same continuing emphasis on accelerating the Fall Line Freeway from Columbus to Augusta, and U.S. 27 through West Georgia from the Tennessee to the Florida state lines.
At our ports facilities, we must continue last year's progress on the long-term "Focus 2000" expansion plan. I recommend we authorize nearly $24.7 million in bonds, to be paid for out of Ports Authority revenues. These funds would purchase two new container cranes and begin Phase I development at Container Berth 7 in Garden City.
An additional $13.5 million is required as the state's final payment on the Savannah Harbor deepening project which will soon be underway.
Atlanta is an important hub for many modes of transportation, but its great potential has yet to be fully realized because of a lack of coordination among various types of transportation.

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The amended budget for FY '93 includes planning funds for a multimodal transfer facility in downtown, and this budget includes $13.2 million for the first phase of construction. Again, I would like to point out that the bulk of the funding for this facility would come from the federal government.
I also recommend $1.7 million in bonds to acquire and rehabilitate various rail lines, preserving existing rail corridors. It will leverage $3.1 million in federal dollars.
I also propose $2 million in state matching funds to leverage $12 million in federal funds for low-income housing assistance.
With regards to tourism, the visitors center on 1-75 at Ringgold is old, too close to the highway for safety, and is trying to serve more than ten times the volume of visitors that it was designed for.
A new center will cost $4.8 million, with $4 million in federal funds, and the remaining $800,000 state match recommended in this budget.
I am also recommending the $6.5 million needed to build and equip the Georgia Music Hall of Fame in Macon. But this money will be contingent on local funds being raised to renovate the Douglass Theater and develop a music park, giving this facility the substance it needs to become a major tourist attraction.
In addition to education and economic development, a third priority for this budget, my administration and many of you, is healthy children. We must do a better job than we are doing, and we will with the revised Indigent Care Trust Fund.
I am recommending that $10.3 million from this fund be used to expand coverage for pregnant women and their infants up to an income level of 185 percent of the federal poverty level.
All southeastern states except Alabama and Georgia have already taken this step to help combat infant mortality. Georgia has a higher infant mortality rate than anywhere in the nation except Washington, D.C. Let's not be dead last in the whole country to address this problem.
Another $19 million would extend Medicaid coverage to children under age 19 in families with income up to 100 percent of the federal poverty level. Right now we go to age nine.
These are school kids who are at risk, because they have trouble learning when unaddressed health problems get in the way.
New federal regulations require a revision of the Indigent Care Trust Fund, and a recent constitutional amendment has paved the way for us to do that.
Briefly and without losing you in that dark and dense forest of Medicaid terminology money can be transferred into the Trust Fund from public entities, hospital authorities, the Department of Human Resources and the Hospital Equipment Financing Authority, and then used to draw down federal Medicaid funds.
The $120.7 million coming into the Trust Fund in FY '94 will leverage federal Medicaid funds for a total of more than $321 million.
In addition to the statewide programs I've just described, this fund will continue to assist hospitals that have disproportionate indigent caseloads with additional Medicaid payments.
Medicaid is the fastest growing program in all of state government, and the second biggest budget category, exceeded only by our public schools.
Counting all state, federal and trust fund money, the FY '94 total for Medicaid surpasses $3 billion.

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Not only are medical costs soaring, but, as I told you Tuesday, the number of Medicaid recipients has increased dramatically.
In FY '94, Medicaid is projected to serve slightly over one million Georgians think about that ... one of every six citizens in this state. This number has doubled in the last six years. And the number of claims we expect this year is double that of just four years ago.
Medicaid presently absorbs one of every three new dollars we take in in revenue. Its growth takes money away from education and other important programs. So a major reason for the changes I outlined on Tuesday is to stretch our dollars as far as we can.
More than half of the states require a small co-payment from Medicaid recipients, including Alabama, North Carolina, South Carolina and Florida, all right around us. And they have found that it reduces unnecessary services.
I am recommending that Georgia require co-payments of one dollar on any nonemergency physician, drug, home health or hospital out-patient service.
We would exempt pregnant women, children, and nursing home residents.
Tuesday I said I want to pilot a Primary Care Case Management initiative that has saved money in Kentucky. And to encourage its use, I propose that we exempt its participants from the copayment.
In addition to Medicaid, I am recommending an increase of nearly $51 million for other health and social service programs in the Department of Human Resources.
In last year's budget, we began family-oriented community-based services for severely emotionally disturbed children in the DeKalb, Glynn, Hall and Muscogee service areas.
My first priority this year is to expand these services into five more service areas based in Ware, Chatham, Floyd, Houston and Troup counties.
As I mentioned Tuesday, I want to expand the PEACH program, which provides job training to welfare recipients. With this $2.5 million recommendation, we will have doubled the number of clients in the PEACH program since FY 91.
Some other recommendations include:
* $300,000 to purchase AZT for AIDS patients;
* $2 million to add 1,524 more youngsters to our early-intervention family support services for developmentally delayed pre-schoolers;
* and $279,000 to match a HUD grant which supports two 75-bed residences for the homeless mentally ill in metre Atlanta.
Finally, $10 million in bonds will enable 14 DHR facilities to undertake 32 badly needed, major renovation and repair projects.
For Natural Resources, my budget includes $20 million in bonds for land acquisition for Preservation 2000, $2.5 million for renovation and repairs at Sapelo and Ossabaw Islands and various state parks.
I recommend start-up funds for the new state park at Tallulah Gorge, funds for a development plan at Sprewell Bluff and $18.5 million in bonds for the Mountain Park to be paid by revenues from the park.
For local governments, which bear the brunt of increasing demands for water, sewer and waste-water treatment, I recommend $30 million in bonds to continue our low-interest loan program. In the past decade, this program has provided almost a $250 million in loans to local governments.

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Another $1 million will start the parallel program of local government loans for solidwaste and recycling facilities, augmented by $4 million from the Georgia Environmental Facilities Authority.
I also propose $400,000 for matching grants to local governments to encourage the planning of regional solid waste facilities.
And I recommend $1 million in state matching money for a revolving loan fund through the Georgia Housing and Finance Authority to assist manufacturers and businesses who must build waste-water facilities.
For the Department of Corrections, I recommend $19.4 million to open new prison beds, and $27.2 million to annualize the operating cost of the prisons we're opening during FY '93 and to provide for increased inmate health costs.
I want to take a minute to talk more broadly about corrections in Georgia, and how it is changing. We used to have only two options prison, and probation or parole.
However, as I pointed out to you on Tuesday, prisons are very expensive to build and operate. Alternatives like boot camp are not only much cheaper, but for certain offenders they are also much more effective.
So more recently we have developed a wider range of alternative programs like intensive probation, diversion centers and boot camps.
We are now in the process of sorting out who belongs where by adjusting sentencing guidelines, fine-tuning our parole grid and modifying boot camp regulations.
And House Bill 1607 a landmark piece of legislation has had a major impact on our prison population by allowing the use of alternatives to incarceration to penalize technical violations of probation.
At the same time that our alternative programs are reaching full stride, a major prison construction program begun several years ago has resulted in 5,400 new prison beds, all ready to come on line simultaneously.
So we have enough prison beds to end early release and keep violent criminals behind bars, where they belong, for a long time. And we will do that.
However, I see no reason to waste valuable state resources by staffing empty prison beds. We anticipate that we will need 2,322 new prison beds in FY '94, and this budget includes funds to open them in the most efficient way possible. We will then bring the remaining beds on line as we need them.
And you will find no additional prison construction in this budget only $10.8 million in equipment for the new prisons and diversion centers we will open, $3.3 million for redevelopment at the Georgia Women's Correctional Institution, and $2.6 million for Phase II support construction at the Calhoun, Wilcpx, Tattnall, Pulaski and Macon County institutions.
For troubled children served by the new Department of Children and Youth Services, the critical need is increased placement services, especially for youth with special needs.
I recommend expanding six Intensive Supervision programs and two short-term residential programs to care for 140 more children.
I also propose that we increase our electronic monitoring capacity by 100 children and our aftercare program by 50 children, as well as provide additional funds for alcohol and drug testing and to increase the assessment staff.
I recommend $5.7 million in capital outlay at eight Youth Development Centers, including:

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* constructing replacement cottages at Augusta and Milledgeville;
* designing new centers in Fulton, Chatham and Cobb Counties;
* and repairing the centers in Milledgeville, Albany, Augusta and Gainesville.
Another area of special interest in this budget is the bonded capital outlay projects that relate to the 1996 Olympics.
The Olympics will have a $5 billion dollar economic impact that will be felt all across this state. But the real reason why the state needs to be involved is that two-thirds of the Olympic venues are on state property.
Stone Mountain Park, the Georgia Dome and the World Congress Center are among this state's biggest and best tourism and convention facilities.
They support themselves with their own revenues, they bring money into the state, they create jobs, and they generate millions of dollars in tax revenues that benefit all of your legislative districts.
I am proposing projects taken from the long-term plans for these facilities, that we would build whether the Olympics were coming or not.
They will generate revenues which will pay off the bonds issued for their construction, which is our normal budget procedure for these facilities.
Even the Olympic village housing at Georgia Tech is designed to pay off its own bonds by providing desperately needed dormitories for students after 1996.
Let me make this very clear: We are not building anything for the Olympics! We are using the state's bonding capability to make improvements that we planned to make anyway and that for the most part will generate the revenues to pay off the bonds.
The final topic I want to address is state government itself.
For our state employees I recommend a pay raise that takes a first step toward a performance-based plan. I propose that state agencies evaluate their employees on the anniversary of their employment date, and reward good performance with a 2.5 percent pay increase at that time.
I also recommend:
* $15 million in bonds to renovate the Atlanta Bank Tower, which was recently purchased by the Woodruff Foundation and donated to the state;
* 2.2 million in bonds to continue fire code renovations at the Capitol;
* and $1.8 million to replace plumbing, heating and electrical systems at the Department of Public Safety headquarters building.
Now, I've mentioned bonds for a variety of projects, and you are probably adding them up in your head and wondering if you ought to get worried. So in conclusion, let me say this about Georgia's bonded indebtedness.
Georgia has very conservative constitutional restrictions not only on the volume of state debt, but also on the control of it. We mostly require general obligation bonds, while other states use a much broader array of debt vehicles.
And we have been so conservative within those restrictions, that the bonds in this budget still do not put us anywhere close to our constitutional debt ceiling.
The Constitution limits us to spending 10 percent of our income for debt payments. The bonds I am recommending for FY '94 would put our payments right at 6 percent of our income.

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And I want to emphasize this: That's actually a slight reduction in our debt level from last year, and it does not change the same basic level we've held during the past two dec-

Since I've been Governor, I've had lengthy and in-depth discussions with staff from the major bond rating services Moody's and Standard & Poor's, both of which give Georgia top ratings. And I have learned that they do not simply look at your outstanding debt in evaluating your state's financial health.
These professional analysts are also looking for initiatives that will improve state services and create a climate that stimulates future economic growth and prosperity.
It is not enough to be fiscally conservative. We must also demonstrate an appropriate balance of assertive fiscal management and progress. That's what we've done in the past, and that is what this budget is designed to do.
I thank you for your patience as I've gone through this long, complicated, but very necessary process. And I look forward to working with you as you now take your turn in the time honored process of helping to shape this budget.
Senator Robinson of the 16th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 35. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
The following Senate substitute was read:
A BILL
To reconstitute the Board of Education of Terrell County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Terrell County which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Terrell

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County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Terrell County as existed immediately prior to January 1, 1994, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those members of the Board of Education of Terrell County who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1993. On and after January 1, 1994, the Board of Education of Terrell County shall consist of 5 members all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education, the Terrell County School District is divided into 5 education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Terrell County School District:
Education District: 1
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 120C VTD: 0003 BRONWOOD (Part) Tract: 9801. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121A, 121B, 122A, 122B, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 188, 191, 192, 193, 194, 195, 196, 197A, 197B Tract: 9802. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155, 156A, 156B, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163A, 163B, 166, 167, 173, 174, 175, 176, 177, 178, 179, 180, 196, 197 Tract: 9803. Block(s): 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 116, 117, 118, 119, 133 VTD: 0004 SASSER (Part) Tract: 9801. Block(s): 187, 189, 190
Education District: 2
TERRELL COUNTY VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9804. Block(s): 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 137A, 140, 141, 142A, 142B, 240 VTD: 0003 BRONWOOD (Part) Tract: 9804.

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Block(s): 308, 322, 323, 324, 325 VTD: 0004 SASSER (Part)
Tract: 9804. Block(s): 101, 135B, 136, 137B, 139, 142C, 143B, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 326, 327, 348, 349, 350, 351B, 352, 373, 374, 375, 376, 377, 378, 379, 380, 388
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 174, 175, 176, 177, 180, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193
Education District: 3
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 115A, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130, 131, 132, 139A, 140A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 221, 222, 223, 224, 301, 305, 306, 307, 314, 315, 405A, 414 Tract: 9804. Block(s): 304, 305, 363 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9804. Block(s): 306, 307A, 351A, 353, 354, 362, 364, 366, 367, 368, 369, 370, 371 372 VTD: 0003 BRONWOOD (Part) Tract: 9803. Block(s): 134, 135, 136, 137, 138, 139B, 140B, 141 Tract: 9804. Block(s): 307B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 334 VTD: 0004 SASSER (Part) Tract: 9804. Block(s): 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, 328, 329, 330, 331, 332, 333, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 381, 382, 383, 384, 385, 386, 387, 389 Tract: 9805. Block(s): 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 178, 179, 181, 190, 191
Education District: 4
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 218, 219, 220, 225, 226, 227, 228, 229, 230, 302, 303, 304, 308, 309, 310, 311, 312, 313, 319, 320, 321, 322, 323, 324, 336, 337, 338, 339, 406A, 409, 410A, 411A, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 432

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Tract: 9804. Block(s): 205, 206, 301, 302, 303, 359
VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9803. Block(s): 316, 317, 318, 325, 326, 327, 328, 329, 331, 332, 333, 334, 335, 433 Tract: 9804. Block(s): 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 356, 357, 358, 360, 361, 365
Education District: 5
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE (Part) Tract: 9803. Block(s): 405B, 406B, 407A, 407B, 408, 410B, 411B, 429 VTD: 0002 DAWSON PRECINCT TWO (Part) Tract: 9803. Block(s): 330, 430, 431, 434, 435, 436A, 437, 438, 439 Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 138, 143A, 201, 214, 215, 216, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 355 VTD: 0003 BRONWOOD (Part) Tract: 9802. Block(s): 164, 165, 168, 169, 170, 171, 172, 181, 182, 187, 188, 192, 193, 194, 195 Tract: 9803. Block(s): 101, 102, 106, 403, 404 VTD: 0004 SASSER (Part) Tract: 9802. Block(s): 183, 184, 185, 186, 189, 190, 191 Tract: 9803. Block(s): 401, 402, 407C, 436B, 440, 441, 442, 443, 444, 445, 446 Tract: 9804. Block(s): 148
(c) For purposes of subsection (b) 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 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 Terrell County School District which is not included in any education district described in subsection (b) of 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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145

(6) Any part of the Terrell County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district for at least 6 months prior to election thereto and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
Section 4. (a) The first members of the reconstituted Board of Education of Terrell County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The members of the board elected thereto in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code" in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A.
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled by majority vote of the remaining members of the board.
Section 6. Members of the Board of Education of Terrell County shall be compensated in the amount of $50.00 per meeting. Members of the board, including the chairperson, shall be reimbursed for the actual expenses necessarialy incurred for attending meetings in the performance of their official duties when those meetings occur outside the Terrell County School District.
Section 7. The chairperson of the board shall be selected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.
Section 8. (a) The elected school superintendent of the Terrell County School District who is in office on January 1, 1993, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office and shall be replaced by an appointee of the board of education at the expiration of such term. In the event of a vacancy occurring in that office prior to the expiration of such term, that vacancy shall be filled as provided in Code Section 20-2-107 of the O.C.G.A.
(b) Upon the expiration of the term of the elected school superintendent as provided in subsection (a) of this section, the board of education shall appoint the school superintendent. Unless otherwise provided by general law, the board may provide that the superintendent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term.

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(c) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents.
Section 9. 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 Terrell County to submit this Act to the United States Attorney General for approval.
Section 10. This section and Section 9 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Terrell County in 1993 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1994.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Hanner of the 159th moved that the House agree to the Senate substitute to HB 35.
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 19. By Representative Ray of the 128th:
A resolution commending the Georgia Peach Festival and inviting a representative of the festival to appear before the House of Representatives.

HR 21. By Representatives Stancil of the 91st, Buck of the 135th and Lane of the 146th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Representatives; recognizing the observance of 4-H Day at the state capitol.

The following Resolutions of the House were read and adopted:

HR 65. By Representatives Lane of the 55th and Cummings of the 27th:
A resolution recognizing the month of May, 1993, as "Motorcycle Awareness and You Month" in Georgia.

HR 67. By Representative Hembree of the 98th:
A resolution expressing support for the armed forces of the United States and other participants in the United Nations peacekeeping force in Iraq.

HR 68. By Representative Barfoot of the 155th: A resolution commending Lonnie Joyce.

HR 69. By Representative Yates of the 106th: A resolution commending Brandie Rucks.

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147

HR 70. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Ms. Mildred Mullinax.

HR 71. By Representative Patten of the 176th: A resolution commending Alec Mathis.

HR 72. By Representative Smith of the 109th:
A resolution congratulating the citizens of the Johnstonville community on the one hundred seventy-first anniversary of the founding of the community.

HR 73. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Ms. Annette Fleming.

HR 74. By Representative Brooks of the 54th: A resolution expressing regret at the passing of Emma Jean Wheeler.

HR 75. By Representative Brooks of the 54th: A resolution expressing regret at the passing of Mary D. Carter.

HR 76. By Representative Maddox of the 108th: A resolution commending Locust Grove Elementary School.

The following Resolution of the House was read:

HR 61. By Representatives Watts of the 26th, Chambless of the 163rd, Lee of the 94th, Smith of the 174th, Byrd of the 170th, Parrish of the 144th, Groover of the 125th, Baker of the 70th, Walker of the 141st, and Hudson of the 156th:
A resolution amending the Rules of the House of Representatives.

By unanimous consent, further consideration of HR 61 was postponed until Monday, February 1, 1993, immediately following the period of unanimous consents.

The following communications were received:

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1993

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Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable James Beverly Langford was elected as a member of the State Transportation Board from the Ninth Congressional District. He will serve for a term beginning immediately and expiring April 15, 1997. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20.
With best regards, I am
Sincerely yours, M Sewell
Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Steve Stancil Honorable Melanie Harris Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable James Beverly Langford has been elected, pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, as a member of the State Transportation Board from the Ninth District for a term beginning immediately and expiring April 15, 1997, and until his successor is elected and qualified.
This 14th day of January, 1993.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 13, 1993, at 3:00 P.M. in the Senate Chamber,

THURSDAY, JANUARY 14, 1993

149

State Capitol, at which caucus Honorable James Beverly Langford was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning immediately and expiring April 15, 1997.
Respectfully submitted, /s/ Steve Stancil
Representative, 16th District Chairman Ninth Congressional District
/s/ Melanie Harris Representative, 17th District Secretary Ninth Congressional District

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 13, 1993, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable James Beverly Langford was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning immediately and expiring April 15, 1997.
Respectfully submitted, /s/ Steve Stancil
Representative, 16th District Chairman Ninth Congressional District
/s/ Melanie Harris Representative, 17th District Secretary Ninth Congressional District

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1993
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable William Langdale was elected as a member of the State Transportation Board from the Second Congressional District. He

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will serve for a term beginning April 16, 1993, and expiring April 15, 1998. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable A. Richard Royal Honorable Gerald E. Greene Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable William Langdale has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Second District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1993, and expiring April 15, 1998.
This 14th day of January, 1993.
1st Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1993, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable William Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1993, and expiring April 15, 1998.

THURSDAY, JANUARY 14, 1993

151

Respectfully submitted, /s/ A. Richard Royal
Representative, 164th District Chairman Second Congressional District
/s/ Gerald E. Greene Representative, 158th District Secretary Second Congressional District

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 32-2-20, a caucus was held on January 12, 1993, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable William Langdale was elected as a member of the State Transportation Board from the Second Congressional District to serve a term beginning April 16, 1993, and expiring April 15, 1998.
Respectfully submitted, /s/ A. Richard Royal
Representative, 164th District Chairman Second Congressional District
/s/ Gerald E. Greene Representative, 158th District Secretary Second Congressional District

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1993
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Tom Triplett was elected as a member of the State Transportation Board from the First Congressional District. He will serve for a term beginning April 16, 1993, and expiring April 15, 1998. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am

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SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable J. Tom Coleman, Jr. Honorable Willou Smith Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Tom Triplett has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the First District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1993, and expiring April 15, 1998.
This 14th day of January, 1993.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1993, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Tom Triplett was elected as a member of the State Transportation Board from the First Congressional District to serve a term beginning April 15, 1993, and expiring April 16, 1998.

THURSDAY, JANUARY 14, 1993

153

Respectfully submitted, 1st 3. Tom Coleman, Jr.
Senator, 1st District Chairman First Congressional District
kl Willou Smith Representative, 174th District Secretary First Congressional District

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1993, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Tom Triplett was elected as a member of the State Transportation Board from the First Congressional District to serve a term beginning April 15, 1993, and expiring April 16, 1998.
Respectfully submitted, /s/ J. Tom Coleman, Jr.
Senator, 1st District Chairman First Congressional District
1st Willou Smith Representative, 174th District Secretary First Congressional District

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1993
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Steve Reynolds was elected to continue to serve as a member of the State Transportation Board from the Fourth Congressional District. He will continue to serve for the remainder of the term to which he was elected, which term began April 16, 1989, and will expire April 15, 1994. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20.

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With best regards, I am
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable James W. Tysinger Honorable Thomas E. Lawrence Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

Sincerely yours,
1st Sewell Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Steve Reynolds has been elected, pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, to continue to serve as a member of the State Transportation Board from the Fourth District. He will continue to serve for the remainder of the term to which he was elected, which term began April 16, 1989, and will expire April 15, 1994, and until his successor is elected and qualified.
This 14th day of January, 1993.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 12, 1993, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was elected to continue to serve as a member of the State Transportation Board from the Fourth Congressional District for the remainder of the term to which he was elected, which term began April 16, 1989, and will expire April 15, 1994.

THURSDAY, JANUARY 14, 1993

155

Respectfully submitted, /s/ James W. Tysinger
Senator, 41st District Chairman Fourth Congressional District
/s/ Thomas E. Lawrence Representative, 64th District Secretary Fourth Congressional District

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 12, 1993, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was elected to serve as a member of the State Transportation Board from the Fourth Congressional District for the remainder of the term to which he was elected, which term began April 16, 1989, and will expire April 15, 1994.
Respectfully submitted, /s/ James W. Tysinger
Senator, 41st District Chairman Fourth Congressional District
/s/ Thomas E. Lawrence Representative, 64th District Secretary Fourth Congressional District

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1993
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Emory McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District. He will serve for a term beginning immediately and expiring April 15, 1998. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20.

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With best regards, I am
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable J. E. McKinney Honorable Grace W. Davis Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

Sincerely yours, Is/ Sewell
Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Emory McClinton has been elected, pursuant to the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, as a member of the State Transportation Board from the Fifth District for a term of five years and until his successor is elected and qualified, such term beginning immediately and expiring April 15, 1998.
This 14th day of January, 1993.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 13, 1993, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Emory McClinton was elected to continue to serve as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning immediately and expiring April 15, 1998.

THURSDAY, JANUARY 14, 1993

157

Respectfully submitted, /s/ J. E. McKinney
Representative, 51st District Chairman Fifth Congressional District
/s/ Grace Davis Representative, 48th District Secretary Fifth Congressional District

The General Assembly State Capitol Atlanta
January 14, 1993
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Sections 21-2-4.1 and 32-2-20, a caucus was held on January 13, 1993, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Emory McClinton was elected to continue to serve as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning immediately and expiring April 15, 1998.
Respectfully submitted, /s/ J. E. McKinney
Representative, 51st District Chairman Fifth Congressional District
/s/ Grace Davis Representative, 48th District Secretary Fifth Congressional District

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 121 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 125 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 109 Do Pass
Respectfully submitted, Is/ Thomas of the 100th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, JANUARY 15, 1993

159

Representative Hall, Atlanta, Georgia Friday, January 15, 1993

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:

Ashe Atkins Bailey Baker Bannister Barfoot Bargeron
Bates Benefleld Birdsong Bordeaux Bostick Breedlove Brooks.D Brooks.T
Brown
Buck Buckner Bunn Burkhalter Byrd Campbell
Carrell Carter
Cauthorn
Chambless Chandler Channell
Childers Clark Coker Coleman,B

Coleman.T Colwell Connell Cox Crawford Crews Culbreth Cummings Dickinson Dix Dixon.H Dixon.S Dover Ehrhart Epps Evans Floyd,J.M Floyd,J.W Godbee Golden Greene Groover Hanner Harris,B Harris.M Hart Heard
Hegstrom
Hembree Holland Holmes Howard

Hudson Hughes Hugley James Jamieson Jenkins
Johnson.E Johnson.G Johnson,J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lane.R
Lawrence
Lawson
Lee
Lewis
Maddox
Mann
Martin
McBee
McClinton
Milam
Mills
Mobley.B

Mobley,J Moore Mosley Mueller Oliver O'Neal Orrock Parham Parrish Patten Pelote Pinholster Polak Porter Poston Powell Purcell Randolph Ray Reaves Reichert Roberts Royal
Shanahan Sherrill Shipp Skandalakis
Skipper Smith.C Smith.L

Smith,P Smith,T Smith,V Smith,W Smyre Stancil.F StanciLS Stanley ,L Stanley,?
Stephenson Streat Taylor Teague Teper Tillman Titus Towery Trense Twiggs
Vaughan Walker
Wall
Watson
Watts
Westmoreland
White
Williams.B
Williams.R
Yates Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Goodwin of the 79th, Davis of the 48th, Turnquest of the 73rd, Randall of the 127th, Padgett of the 119th, Davis of the 60th, Poag of the 6th, Simpson of the 101st, Canty of the 52nd, Johnson of the 148th, Lord of the 121st, Sinkfield of the 57th, Thomas of the 100th, Perry of the llth and Henson of the 65th.
They wish to be recorded as present.

Prayer was offered by Chaplain Thermon E. Moore, Redmond Regional Medical Center, Rome, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

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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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 242. By Representatives Chambless of the 163rd and Watson of the 139th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term "motor common carrier and motor contract carrier".
Referred to the Committee on Industry.

HB 243. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to create the Georgia Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation.
Referred to the Committee on Judiciary.

HB 244. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional defined terms to be used in Article 9; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to filing fees of the superior courts, so as to raise the filing fees for financing statements.
Referred to the Committee on Judiciary.

HB 245. By Representative Twiggs of the 8th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to the hunting of deer, so as to provide that the hunting of does shall not be permitted in certain counties.
Referred to the Committee on Game, Fish & Parks.

FRIDAY, JANUARY 15, 1993

161

HB 246. By Representative Connell of the 115th:
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 no public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation.
Referred to the Committee on Judiciary.

HB 247. By Representatives Henson of the 65th, Davis of the 48th, Simpson of the 101st, Randall of the 127th, Johnson of the 148th and others:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to the examination of human specimens by clinical laboratories, so as to provide that nothing in said Code section shall be construed to prohibit or require such examination at the request of a licensed doctor of chiropractic.
Referred to the Committee on Health & Ecology.

HB 248. By Representative Stephenson of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.
Referred to the Committee on Education.

HB 249. By Representative Stancil of the 91st:
A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty.
Referred to the Committee on Public Safety.

HB 251. By Representatives Colwell of the 7th, Smith of the 109th, Bargeron of the 120th and Sherrill of the 62nd:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relating to the state sales and use tax, so as to provide that such tax shall be inapplicable to certain casual sales or uses of tangible personal property.
Referred to the Committee on Ways & Means.

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HB 252. By Representatives Pinholster of the 15th, Stancil of the 16th, Lewis of the 14th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that licensed physicians performing physicals to student athletes or serving as team doctors on a volunteer basis shall be immune from civil liability.
Referred to the Committee on Special Judiciary.

HB 253. By Representatives Skandalakis of the 45th, Simpson of the 101st, Lewis of the 14th, Johnston of the 81st and Johnson of the 97th:
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 and their duties regarding review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments.
Referred to the Committee on Ways & Means.

HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Buck of the 135th, Pinholster of the 15th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that certain archival records shall be exempt from public disclosure; to provide that such disclosure shall not extend beyond 75 years from the date of donation or sale.
Referred to the Committee on Judiciary.

HB 255. By Representatives Burkhalter of the 41st, Felton of the 43rd, Canty of the 52nd, Hembree of the 98th, Dickinson of the 83rd and others:
A bill to amend Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, so as to exempt certain county boards of education from certain county fees and assessments.
Referred to the Committee on Education.

HB 256. By Representatives Burkhalter of the 41st, Skandalakis of the 45th, Campbell of the 42nd and Trense of the 44th:
A bill to amend Code Section 31-7-84 of the Official Code of Georgia Annotated, relating to payment for the services and facilities of a hospital authority, so as to provide limitations upon such payments.
Referred to the Committee on Health & Ecology.

HB 257. By Representatives Patten of the 176th and Dobbs of the 92nd:
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 Management Act," so as to define a certain term; to provide standards for major modifications to solid waste facilities; to provide conditions for vertical expansions of solid waste facilities.
Referred to the Committee on Natural Resources & Environment.

FRIDAY, JANUARY 15, 1993

163

HB 258. By Representative Watson of the 139th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "conditioned air contracting".
Referred to the Committee on Industry.

HB 259. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1993 and ending June 30, 1994.
Referred to the Committee on Appropriations.

HB 260. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave.
Referred to the Committee on Retirement.

HB 261. By Representative Cauthorn of the 35th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof.
Referred to the Committee on Judiciary.

HB 262. By Representative Holland of the 157th:
A bill to amend Code Section 21-2-284 of the Official Code of Georgia Annotated, relating to the form of official primary ballots, so as to provide for the form of such ballots when the governing authority of any county or municipal corporation has submitted a question to the voters of such jurisdiciton; to amend Code Section 21-2-325 of the Official Code of Georgia Annotated, relating to the form of ballot labels when the vote is by voting machine.
Referred to the Committee on Governmental Affairs.

HB 263. By Representatives Holland of the 157th and Jenkins of the 110th:
A bill to amend Code Section 48-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the licensing of owners of coin operated amusement machines, so as to provide that owners of fewer than five such machines shall not be subject to such licensing.
Referred to the Committee on Industry.

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HB 264. By Representatives Baker of the 70th, Coleman of the 142nd, Thomas of the 100th and Chambless of the 163rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations partnerships, and associations, so as to provide for the formation, operation, and dissolution of limited liability companies; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses to form or be members of limited liability companies.
Referred to the Committee on Judiciary.

HB 265. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
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 provide for the manner in which the state revenue commissioner may compel the remittance of certain abandoned property.
Referred to the Committee on Ways & Means.

HB 266. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-45 of the Official Code of Georgia Annotated, relating to service of notice of assessment, so as to change certain provisions regarding the protest of a tax assessment.
Referred to the Committee on Ways & Means.

HB 267. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for additional exceptions to the confidentiality of the intangible personal tax digest, returns, and related records.
Referred to the Committee on Ways & Means.

HB 268. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, so as to change certain provisions regarding the contesting of certain assessments or license fees.
Referred to the Committee on Ways & Means.

HB 269. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, so as to authorize the state revenue commissioner to release or subordinate all or a portion of certain property subject to certain liens.
Referred to the Committee on Ways & Means.

FRIDAY, JANUARY 15, 1993

165

HB 270. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-15 of the Official Code of Georgia Annotated, relating to confidentiality of certain information secured by the state revenue commissioner incident to the administration of any tax, so as to provide that such provisions shall apply in the event of prosecutions for certain offenses.
Referred to the Committee on Ways & Means.

HB 271. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-7-86 of the Official Code of Georgia Annotated, relating to penalty for failure to pay or for underpayment of income taxes, so as to change certain provisions regarding fraudulent underpayment of income taxes.
Referred to the Committee on Ways & Means.

HB 272. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-52 of the Official Code of Georgia Annotated, relating to personal liability of certain corporate officers or employees for certain tax delinquency, so as to provide for such liability with respect to penalty and interest on such taxes.
Referred to the Committee on Ways & Means.

HB 273. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to returns and information regarding income taxes, so as to provide for additional exceptions to the confidentiality of certain income tax returns or return information.
Referred to the Committee on Ways & Means.

HB 274. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-16-10 of the Official Code of Georgia Annotated, relating to imposition of collection fee costs after the expiration of tax amnesty, so as to provide for the imposition of certain collection fee costs of certain deficiencies.
Referred to the Committee on Ways & Means.

HB 275. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy with respect to taxes, so as to provide for procedures regarding a levy on accounts in or with certain financial institutions.
Referred to the Committee on Ways & Means.

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HB 276. By Representatives Thomas of the 100th, Cummings of the 27th, Stancil of the 91st and Culbreth of the 132nd:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for unused sick leave which is accumulated at the time of retirement.
Referred to the Committee on Retirement.

HB 277. By Representatives McKinney of the 51st, Martin of the 47th and Felton of the 43rd:
A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties".
Referred to the Committee on State Planning & Community Affairs.

HB 278. By Representative McKinney of the 51st:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to the investment and reinvestment of local retirement system funds, so as to provide that the board of trustees of any local retirement system may invest up to 75 percent of retirement system assets in equities.
Referred to the Committee on Retirement.

HB 279. By Representatives McKinney of the 51st and Felton of the 43rd:
A bill to amend an Act abolishing the fee system now existing in the superior court of the Atlanta Judicial Circuit as applied to the office of solicitor general (now district attorney), so as to provide that the compensation of assistant district attorneys, clerks, and other employees of the district attorney's office shall be set in accordance with the Fulton County budget law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 280. By Representatives McKinney of the 51st and Martin of the 47th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be considered in determining whether a bidder is responsible.
Referred to the Committee on State Planning & Community Affairs.

HB 281. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Annotated, relating to letting of public works contracts by counties with a population of 550,000 or more, so as to authorize such counties to take female business enterprise compliance into account in letting contracts.
Referred to the Committee on State Planning & Community Affairs.

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HB 282. By Representatives Twiggs of the 8th and Colwell of the 7th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
Referred to the Committee on Education.

HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, 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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water laboratory analysts.
Referred to the Committee on Natural Resources & Environment.

HB 284. By Representatives Chambless of the 163rd, Thomas of the 100th, Cauthorn of the 35th, Davis of the 60th and Poston of the 3rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense.
Referred to the Committee on Judiciary.

HB 285. By Representative Twiggs of the 8th:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits relative to hunting certain animals, so as to increase the bag limit for bears.
Referred to the Committee on Game, Fish & Parks.

HB 286. By Representative Twiggs of the 8th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to authorize persons permitted to conduct fireworks displays to retain and store such fireworks under certain circumstances; to provide for regulation of such storage of fireworks.
Referred to the Committee on Industry.

HB 287. By Representative Twiggs of the 8th:
A bill to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to right of way, so as to provide that motorists approaching a law enforcement vehicle from the rear when such law enforcement vehicle is engaged in a traffic stop shall move as far as practical to the opposite side of the roadway.
Referred to the Committee on Motor Vehicles.

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HB 288. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-8-60 of the Official Code of Georgia Annotated, relating to engaging in business as a seller without a dealer's certificate of registration, so as to provide for criminal penalties for engaging business as a seller or dealer without such certificate.
Referred to the Committee on Ways & Means.

HB 289. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 290. By Representatives Powell of the 23rd, Harris of the 112th, Parham of the 122nd and Johnson of the 84th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt persons 16 years of age or over while taking instruction from a licensed driving instructor.
Referred to the Committee on Motor Vehicles.

HB 291. By Representatives Poston of the 3rd, Poag of the 6th, Hughes of the 19th and Porter of the 143rd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide for issuance of firefighters' license plates at no additional charge.
Referred to the Committee on Motor Vehicles.

HB 292. By Representatives Porter of the 143rd, Jamieson of the 22nd and Poston of the 3rd:
A bill to amend Code Section 40-2-75 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, so as to provide for such radio operators to receive one free special license plate.
Referred to the Committee on Motor Vehicles.

HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th, Mobley of the 69th, Trense of the 44th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commission, so as to change and clarify certain powers of the commission.
Referred to the Committee on State Planning & Community Affairs.

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169

HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative services, so as to authorize the purchase of liability insurance for attention and contract home parents providing services through the Department of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.
Referred to the Committee on Children & Youth.

HB 295. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Hembree of the 98th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.
Referred to the Committee on Governmental Affairs.

HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide certain law enforcement powers to peace officers of facilities operated by the Department of Children and Youth Services.
Referred to the Committee on Children & Youth.

HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents.
Referred to the Committee on Governmental Affairs.

HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
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.
Referred to the Committee on Governmental Affairs.

HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department.
Referred to the Committee on Children & Youth.

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JOURNAL OF THE HOUSE,

HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
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 statutorily implement certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superintendents; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.
Referred to the Committee on Education.

HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th, Streat of the 167th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Department of Transportation shall not be open to the public.
Referred to the Committee on Transportation.

HB 302. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd and Crawford of the 129th:
A bill to amend Code Section 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, so as to provide for reimbursement to the Department of Transportation for costs of removal of obstructions and encroachments and repair of injuries to the public roads.
Referred to the Committee on Transportation.

HB 303. By Representatives Ladd of the 59th and Johnston of the 81st:
A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.
Referred to the Committee on Ways & Means.

HB 304. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.
Referred to the Committee on Governmental Affairs.

HB 305. By Representatives White of the 161st, Brooks of the 54th, Teper of the 61st, Orrock of the 56th, Jones of the 71st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to amend the "Georgia Election Code" and the "Georgia Municipal Election Code" to provide that no person shall lose such person's qualification as an elector for failure to exercise the right to vote.
Referred to the Committee on Governmental Affairs.

FRIDAY, JANUARY 15, 1993

171

HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discretionary authority for the taking into custody and detention of a child under the supervision or care of such officer.
Referred to the Committee on Children & Youth.
HB 307. By Representatives Stancil of the 16th, Porter of the 143rd, Pinholster of the 15th, Yates of the 106th, Harris of the 17th and others:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs of the General Assembly, so as to change the period of time which must intervene between the printing and consideration of certain amendments or substitutes to certain appropriations bills.
Referred to the Committee on Appropriations.
HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th and Streat of the 167th:
A bill to amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision.
Referred to the Committee on Transportation.
HB 309. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or on appeal, so as to clarify certain conditions and limitations of examination of tax digests by the commissioner when properties are on appeal or in arbitration.
Referred to the Committee on Ways & Means.
HB 310. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-16-12 of the Official Code of Georgia Annotated, relating to tax amnesty penalties, so as to provide for additional criminal penalties.
Referred to the Committee on Ways & Means.
HB 311. By Representatives Coleman of the 142nd, Dover of the 9th, Connell of the 115th, Royal of the 164th, Watson of the 139th and others:
A bill to amend Code Section 3-2-30 and Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.
Referred to the Committee on Public Safety.

172

JOURNAL OF THE HOUSE,

HB 312. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-7-108 of the Official Code of Georgia Annotated, relating to employer's liability for the payment of withheld income tax, so as to prohibit certain transfers or dispositions to the extent of the delinquency; to provide for the holding and reporting of certain accounts of depositors.
Referred to the Committee on Ways & Means.

HB 313. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of the state sales and use tax, so as to prohibit certain transfer or disposition to the extent of certain delinquency; to provide for the holding and reporting of certain depositor accounts.
Referred to the Committee on Ways & Means.

HB 314. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for criminal penalties with respect to intimidating or threatening persons acting under authority of such title or administering such title; to provide for criminal penalties with respect to the rescue or attempted rescue of property following its attachment or levy.
Referred to the Committee on Ways & Means.

HB 315. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made in the ad valorem tax return of property of a taxpayer, so as to require such notice for decreased or increased assessment amounts.
Referred to the Committee on Ways & Means.

HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education.
Referred to the Committee on Retirement.

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.
Referred to the Committee on Appropriations.

FRIDAY, JANUARY 15,1993

173

HR 79. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years and provide for a four-term limitation.
Referred to the Committee on Rules.

HR 80. By Representatives Holland of the 157th, Ray of the 128th and Jenkins of the 110th:
A resolution expressing the intent of the General Assembly that appointments to various boards, commissions, and committees of state government be made in such a manner as to ensure state-wide representation.
Referred to the Committee on Rules.

HR 85. By Representatives Oliver of the 154th, Floyd of the 172nd, Milam of the 130th, Bates of the 179th, Carrell of the 87th and others:
A resolution urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks.
Referred to the Committee on Banks & Banking.

HR 86. By Representatives Ashe of the 46th, Dickinson of the 83rd, Johnson of the 97th, Stancil of the 16th, Towery of the 30th and others:
A resolution creating the House Computerization of the Legislative Branch Study Committee.
Referred to the Committee on Rules.

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

HB 206 HB 207 HB 208
HB 209 HB 210 HB 211
HB 212 HB 213
HB 214 HB 215
HB 216 HB 217 HB 218 HB 219
HB 220 HB 221
HB 222 HB 223 HB 224
HB 225 HB 226 HB 227

HB 228 HB 229 HB 230
HB 231 HB 232 HB 233
HB 234 HB 235
HB 236 HB 237
HB 238 HB 239 HB 240 HB 241
HR 62 HR 63
HR 64 HR 66 HR 77
SB 21 SB 22 SB 23

174

JOURNAL OF THE HOUSE,

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 123 Do Pass HB 127 Do Pass
HB 129 Do Pass HB 135 Do Pass HB 152 Do Pass

HB 155 Do Pass HB 156 Do Pass
HB 157 Do Pass HB 159 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 123. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that municipal elections shall be held on a certain date.

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

HB 127. By Representative Channell of the lllth:
A bill to reconstitute the Board of Education of Taliaferro County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 129. By Representative Channell of the lllth:
A bill to amend an Act providing a new charter for the City of Greensboro, so as to revise the punishment which may be imposed by the recorder's court for offenses within its jurisdiction.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

FRIDAY, JANUARY 15, 1993

175

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

HB 135. By Representative Johnson of the 84th:
A bill to amend an Act incorporating the City of Grayson, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

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

HB 152. By Representative Stephenson of the 25th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the board of education of the independent school system of the City of Commerce and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 155. By Representative Stancil of the 91st:
A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 156. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

176

JOURNAL OF THE HOUSE,

HB 157. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.

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

HB 159. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

By unanimous consent, all Local Bills were ordered immediately transmitted to the Senate.

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

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

HB 8. By Representative Smith of the 102nd:
A bill to reconstitute the Board of Education of Harris County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 9. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to change the commissioner districts in said county.

HB 108. By Representative Milam of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District; to provide for the composition and election of members of the board; to provide for education districts.

HB 119. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.

FRIDAY, JANUARY 15, 1993

177

HB 120. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act re-creating the Board of Commissioners of Wilkes County, so as to change the composition of the districts from which the members of the board are elected.

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

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 17, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

An Act providing appropriations for the State Fiscal Year 1992-1993, known as the "General Appropriations Act," approved April 17, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 84 and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993 as prescribed hereinafter for such fiscal year, from funds from the Federal Government and of the General Funds of the State, including surplus, reserves and a revenue estimate of $8,099,000,000 (excluding $90,578,050 in the Indigent Care Trust Fund) for State Fiscal Year 1993.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials.........................................................................................$ Regular Operating Expenses .........................................................$ Travel -Staff ...................................................................................$ Travel - Elected Officials ...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts - Staff..........................................................................$ Per Diem, Fees and
Contracts - Elected Officials .....................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ 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
5,000
233,174
2,200,816 481,000 675,000 65,000
1.132,800 22,674,129 22,674,129

Senate Functional Budgets

Total Funds

State Funds

178

JOURNAL OF THE HOUSE,

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

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 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 the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider
the most efficient and functional building designs used for office space and related 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, publish-
ing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government;
and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances
shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies
in the expenditure of funds appropriated to the Legislative Branch of Government. The
Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee
shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other
appropriations.

FRIDAY, JANUARY 15, 1993

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....................................................................!

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

179
14,920.434
12,636,218 386,144 521,650 108,000 9,550 802,995 39,000 311,177 105,700
14,920,434 14,920,434
4,893.172 4,200,877 1,377,295 5,578,172 4,893,172
5,743.669 4,944,669
849,000 5,793,669 5,743,669
47,103,853 45,561,416 1,791,715
153,600 114,499 1,083,899
7,800 48,712,929 47,103,853
847,005
634,322 498,322
136,000 634,322 634,322
2.061,454 1,186,713

180

JOURNAL OF THE HOUSE,

Administrative Districts for Case Counting..............................................................................$ Board of Court Reporting..............................................................!
Payment to Council for Magistrate Court Judges ................................................................................$
Payment to Council for Probate Court Judges ................................................................................$
Payment to Council for State Court Judges ........................'........................................................$
Payment to Resource Center.........................................................!
Payment to Computerized Information Network ..................................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

76,500 97,845
26,000
20,000
12,000 240,000
660,000 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 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........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunicationsl .....................................................................$ D.P. Rents and Maintenance ........................................................$ Utilities, Federal..............................................................................! Payments to DOAS Fiscal Administration .................................$ Direct Payments to Georgia
Building Authority for Operations...........................................! Telephone Billings ..........................................................................$ Radio Billings ..................................................................................$ Materials for Resale........................................................................!
Health Planning Review Board Operations........................................................................!
Public Safety Officer's Indemnity Fund .....................................$ Total Funds Budgeted..................................................,.................! State Funds Budgeted....................................................................!

33,248,287
47,085,583 12,345,554
258,340 74,480 1,519,947 3,724,137 402,825 10,398,262 2,819,765 10,751,716 38,550 2,750,000
0 45,094,697
383,880 16,500,000
35,825 150,000 154,333,561 33,248,287

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Statewide Systems Central Supply Administration

420,352
2,865,708 10,165,277 16,894,076

420,352 2,832,794 7,415,277
0

FRIDAY, JANUARY 15, 1993

181

Procurement Administration General Services Administration Executive 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

2,837,754 483,246
1,685,974 485,167
46,501,373 3,554,856 57,013,807 6,585,403 1,606,287 1,156,055 2,078,226 154,333,561

2,837,754 0
527,183 485,167 12,879,760
0 5,850,000
0 0 0 0 33,248,287

B. Budget Unit: Georgia Building Authority....................................! Georgia Building Authority Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Contractual Expenses.....................................................................! Fuel....................................................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
18,778,739 5,522,456
0 215,000 176,335 16,800 171,000 60,800 122,584
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 Total

1,789,409 5,123,835 4,377,845 5,177,790
394,619 5,117,849 9,159,533 1,639,472 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................................................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

99,834
81,334 10,300 7,800
400 99,834 99,834

Section 13. Department of Agriculture.

182

JOURNAL OF THE HOUSE,

A. Budget Unit: Department of Agriculture ...............................................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton Veterinary Laboratories.............................................................? Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro..........................................? 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................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

32,061.169
26,299,918 2,675,080
796,139 354,165 181,600 778,070 134,586 308,700 298,092 860,000
2,386,487
1,759,941 403,760 112,700 175,000
622,817
201,115 0
39,200 38,387,370 32,061,169

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Agriculture Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

4,776,629 6,595,082 1,828,226 3,127,022 3,147,683 2,022,724 3,029,092
6,562,699 4,070,110
558,629 505,651 2,163,823 38,387,370

$

4,440,629

6,339,082

1,779,226

3,127,022

2,748,054

2,022,724

3,011,512

4,499,390 1,717,904
537,803 0
1,837,823 32,061,169

B. Budget Unit: Georgia Agrirama Development Authority.
Georgia Agrirama Development Authority Budget:
Personal Services..................................... Regular Operating Expenses ................. Travel........................................................ Equipment................................................

729,336 186,886
5,864 20,283

FRIDAY, JANUARY 15, 1993

183

Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

12,672 11,800 7,116 158,340 95,000 1,227,297
0

Section 14. Department of Banking and Finance. A. Budget Unit: Department of Banking
and Finance .............................................................$ Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,245,076
6,005,914 288,747 318,019 88,792 17,138 225,000 4,500 245,830 51,136
7,245,076 7,245,076

Section 15. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions........................................................! Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...............................................................! Payment to State Housing Trust Fund.......................................! Payment to Georgia Environmental
Facilities Authority for Operations ..........................................$ Payment to Georgia Environmental
Facilities Authority for Loans...................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13,986,952
5,355,918 220,527 135,980 0 881 208,833 516,379 42,580 96,564 68,600
2,217,561 752,800
97,803
30,000,000 107,800 890,000
4,625,000
502,474
730,000 46,569,700 13,986,952

Department of Community Affairs Functional Budgets

Total Funds

State Funds

184

JOURNAL OF THE HOUSE,

Executive and Administration Governmental Management Financial Assistance Rural Development Coordinated Planning Governmental Information Total

10,915,587 1,377,483 31,943,855
0 2,332,775
0 46,569,700

9,594,587 1,360,483
967,355 0
2,064,527 0
13,986,952

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! Court Subsidy for Jails ................................................................ ! County Workcamp Construction Grants.....................................! 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 Funds....................................................................! Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia - Cooperative
Extension Service Contracts......................................................! Minor Construction Fund ..............................................................$ Authority Lease Rentals................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................!

494,375.376 358,037,857 49,317,841
2,265,442 2,903,000 3,842,407 4,765,190 4,201,674 4,548,356 4,116,139
0 14,858,811
546,000 13,870,000 4,117,200
0 886,000
3,890,500
1,331,940 444,500
1,740,000 29,235,881
50,000
330,153 1,580,200
0 506,879,091
450,000 494,375,376

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

!

53,530,712

! 358,368,395

!

94,979.984

! 506,879,091

!

53,028,712

! 357,150,395

!

84,196.269

! 494,375,376

B. Budget Unit: Board of Pardons and Paroles......................................................................!
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!

35.371.233
28,841,882 1,206,200
636,315

FRIDAY, JANUARY 15, 1993

185

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

40,500 129,000 2,403,000 267,500 456,836 785,000 600,000
5.000 35,371,233 35,371,233

Section 17. Department of Defense. A. Budget Unit: Department of Defense...........................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay .................................................................................$ Repairs and Renovations...............................................................! Disaster Relief Payments...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3.752.403
6,691,642 4,169,788
22,460 0
33,300 4,740 566,400 3,700 68,500
0 0 0 11,560,530 3,752,403

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

I,133,806 4,523,265 5,903.459 II,560,530

1,022,698 511,711
3,752,403

Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education ............................................$ Operations:
Personal Services......................................................,......................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! QBE Formula Grants: Kindergarten & Grades 1 - 3.........................................................! Grades 4 - 8......................................................................................! Grades 9 - 12....................................................................................! High School Laboratories..............................................................! Vocational Education Laboratories..............................................!

3.070.839.691
37,856,260 3,933,477 1,210,209
0 439,897 2,403,082 13,339,749 5,302,383 1,440,290 755,136 53,000
740,410,606 687,938,672 294,146,672 105,116,834 98,000,675

186

JOURNAL OF THE HOUSE,

Special Education............................................................................$ Gifted................................................................................................$ Remedial Education........................................................................$ Staff and Professional Development............................................$ Media................................................................................................$ Indirect Cost ....................................................................................$ Mid-Term Adjustment...................................................................$ Pupil Transportation......................................................................$ Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In-School Suspension......................................................................! Special Instructional Assistance...................................................! Middle School Incentive................................................................$ Special Education Low -
Incidence Grants..........................................................................! English to Speakers of
Other Languages (ESOL)...........................................................! Mentor Teachers.............................................................................! Non-GBE Grants: Education of Children of Low
Income Families...........................................................................! Retirement
(H.B. 272 and H.B. 1321)..........................................................! Instructional Services for
the Handicapped (Federal)........................................................! Tuition for the
Multi-Handicapped....................................................................! Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................! School Lunch (State)......................................................................! Supervision and Assessment of
Students and Beginning Teachers and Performance Based Certification......................................................................! Teacher Retirement Adjustment..................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program .....................................................................$
Special Education in State Institutions.........................................................................!
Governor's Scholarships.................................................................! 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 (Federal).......................................................................!
Payment of Federal Funds to
Board of Technical & Adult
Education......................................................................................!
Drug Free School (Federal) ...........................................................$

254,839,311 35,093,414 56,687,843 20,636,046 84,028,051 578,797,768 60,059,024 124,547,423 (594,153,230)
153,074,397 3,421,565 20,074,950 41,642,563 49,234,404
406,000
5,921,681 750,000
200,863,393
4,600,914
23,177,937
2,401,932 35,493,693 113,396,789 22,861,763
1,500,000 0
6,820,033 3,124,736 21,605,317
3,965,103 2,378,647 3,084,680
258,213
10,242,708 4,441,538
874,209 3,764,432 16,787,825
10,500,934
16,188,891 11,504,934

FRIDAY, JANUARY 15, 1993

187

Innovative Programs.......................................................................$ Technology Grants..........................................................................! Transition Program for Refugee
Children (Federal).......................................................................? Emergency Immigrant Education
Program (Federal) .......................................................................$ Robert C. Byrd
Scholarships (Federal) ................................................................$ Title II Math/
Science (Federal) .........................................................................$ Salary Improvements......................................................................? Health Insurance
Non-Cert. Personnel and Retired Teachers .................................................................$ Pre-School Handicapped Program...............................................? Pre-Kindergarten............................................................................? Textbooks-Seven-Year-Cycle.........................................................? Education for Homeless Children and Youth.....................................................................................? Advance Placement Exams............................................................? Textbooks for Increased FTEs......................................................? Serve America..................................................................................? Even Start........................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

2,350,000 525,000
100,000
156,657
253,000
4,353,819 49,019,574
67,167,892 11,525,312 2,593,489 (36,920,019)
81,000 650,000 3,526,262 370,103 1,779,075 3,514,777,937 340,000 3,070,839,691

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honor 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

5,109,930 19,567,448 1,141,024 18,190,331 6,111,660
825,869 3,448,044,454
4,805,938 6,655,903
3,514/777 37

4,467,589 13,911,368 1,027,999 12,913,117 2,401,299
825,869 3,020,465,705
4,577,545 6,414,720
3,834,480 3,070,839,691

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System......................................................................? Employees' Retirement System Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

250,000
1,536,309 225,800 13,500 0 13,015 242,000
1,139,380 438,573 23,812
3,632,389 250,000

188

JOURNAL OF THE HOUSE,

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. ....................... ............................................!

31,930,436
26,965,436 5,329,085
155,845 964,884 1,650,000 144,250 46,740 1,007,600 617,925
24,500
4,900
60,000 184,705 37,155,870 31,930,436

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

!

1,732,084

!

31,436,473

!

3,987,313

!

37,155,870

!

11,265

!

28,571,868

!

3,347,303

!

31,930,436

Section 21. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

Investigation ............................................................$

Operations Budget:

Personal Services... .............................. ............................................!

Regular Operating Expenses ..........................................................I

Travel.................................................... ............................................$

Motor Vehicle Purchases ................... ............................................$

Equipment

............ ... ..

..............

.!

Real Estate Rentals ........................................................................!

Per Diem, Fees and Contracts ......................................................!

Computer Charges...............................,...........................................!

Telecommunications...........................,............................................!

Evidence Purchased.........................................................................$

Capital Outlay .....................................,............................................!

Total Funds Budgeted........................ ............................................!

State Funds Budgeted. ...... .................,............................................$

36,198,566
28,057,897 2,695,667
472,761 789,008 776,610 1,967,522 1,025,256 1,488,692 679,317 390,711 451,000 38,794,441 36,198,566

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total

!

3,356,564

!

9,060,867

!

11,308,271

$

6,797,812

!

8,270,927

!

38,794,441

!

3,356,564

!

8,050,962

!

10,743,181

!

6,371,490

$

7,676,369

!

36,198,566

FRIDAY, JANUARY 15, 1993

189

Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................$ Office of the Governor Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Cost of Operations..........................................................................$ Mansion Allowance.........................................................................! Governor's Emergency Fund.........................................................! Intern Stipends and Travel...........................................................! Art Grants - State Funds...............................................................! Art Grants - Non-State Funds......................................................! Humanities Grants - State Funds................................................! Children and Youth Grants...........................................................! Hazardous Waste Management Authority..................................! Juvenile Justice Grants ..................................................................$ Grants to Local Systems................................................................! Ga. Crime Victim's Assistance Program......................................! Grants to Locals - Emergency
Management Assistance .............................................................$ Grants - Others................................................................................! Civil Air Patrol Contract...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

24,419.087
12,442,847 907,086 242,531 0 63,139 970,338
41,937,128 647,937 325,138
2,865,310 40,000
3,154,000 152,280
2,627,357 232,211 42,800 95,000 728,540
1,363,725 503,500 100,000
1,044,200 0
40,000 70,525,067 24,419,087

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Commission on Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs State Energy Office Council on Vocational Education Consumers' Utility Counsel Criminal Justice Coordinating
Council Commission on Children
and Youth Human Relations Commission Commission on Drug Awareness
and Prevention Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

$

6,211,590

$

844,724

$

5,574,680

!

3,510,188

!

2,208,907

!

29,914,244

!

243,297

!

523,605

!

11,930,191

$

1,775,402

!

206,567

!

411,445

!

3,371,360

!

3,498,867

!

300,000

!

70,525,067

6,211,590 734,724
5,574,680 2,974,510 2,208,907
295,902 91,147 523,605
343,412
495,402 206,567
0
3,371,360
1,087,281
300,000
24,419,087

Section 23. Department of Human Resources.

190

JOURNAL OF THE HOUSE,

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 .......................................................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Capital Outlay .................................................................................$ Institutional Repairs and Maintenance .......................................$ Payments to DMA for Community Care.....................................$ Service Benefits for Children........................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................$

554.940.314
42,420,443 1,889,111 1,160,886 863,000 96,052 4,484,397 697,789 877,000 645,969 0 939,821 0 59,455 13,213,121 19,153,867 307,485
30,196,885 117,005,281
412,600 70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Personnel Administration Indirect Cost Facilities Management Public Affairs Budget Administration Financial Services Auditing Services Office of Children and Youth Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities
Regulations Fraud and Abuse Support Services Aging Services State Health Planning and
Development Agency Total

$

737,000

$

1,587,761

$

1,736,257

$

0

$

5,046,140

$

398,942

$

1,979,593

$

5,279,758

$

1,747,275

$

19,153,867

$

584,783

$

2,709,605

$

6,210,964

$

5,823,352

$

16,034,637

$

46,520,589

$

1,454,758

$ 117,005,281

737,000 1,587,761 1,736,257 (7,766,215) 3,499,255
398,942 1,979,593 5,079,758 1,747,275 18,631,822
574,783 2,709,605
1,849,067 792,241
15,068,537 20,897,762
1,394.758 70,918,201

2. Public Health Budget: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases ....................................................... Equipment................................................................................ Real Estate Rentals ................................................................ Per Diem, Fees and Contracts .............................................. Computer Charges...................................................................

46,781,952 69,848,568
890,347 40,000 95,566 1,088,038 4,040,921 689,083

FRIDAY, JANUARY 15, 1993

Telecommunications ................................. Institutional Repairs and Maintenance. Postage........................................................ Crippled Children Clinics ........................ Grants for Regional
Maternal and Infant Care.................... Crippled Children Benefits...................... Kidney Disease Benefits .......................... Cancer Control Benefits........................... Benefits for Medically Indigent High
Risk Pregnant Women and Their Infants.......................................... Family Planning Benefits........................ Grants-In-Aid to Counties....................... Purchase of Service Contracts ................ Special Purpose Contracts....................... Total Funds Budgeted.............................. Indirect DOAS Funding........................... State Funds Budgeted..............................

Public Health Functional Budgets

Total Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Control Maternal and Child
Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health Administration Newborn Follow-Up Care Genetics/Sickle Cell/
Vision/Hearing Vaccines High-Risk Pregnant
Women and Infants Grants in Aid to Counties

809,745 322,420 1,624,636 1,758,251 720,797 1,641,238
1,921,067 639,048 794,646
3,639,862 2,454,914
987,912 1,329,405 2,511,353 6,974,039 71,297,675 1,354,336 12,616,713 1,031,530
498,922 3,958,331
922,953 5,296,984 2,942,492 10,998,587 1,014,010
3,422,136 9,954,417
5,363,033 49,011,370

191
697,336 29,700 133,686 640,000
747,761 7,739,825
308,000 2,928,130
950,000 515,602 74,210,729 10,875,141 654,009 223,904,394 549,718 113,229,449

State Funds

$

612,520

$

322,420

$

1,491,035

$

1,539,222

$

497,979

$

1,269,250

$

1,391,067

$

473,560

$

0

$

296,020

$

1,987,934

$

663,163

$

506,479

$

1,601,605

$

3,869,875

$

0

$

1,144,161

$

7,616,713

$

1,031,530

$

498,922

$

3,828,701

$

749,036

$

5,176,984

$

1,885,944

$

10,868,912

$

738,855

$

3,027,407

$

696,591

$

5,251,033

$

46,346,054

192

JOURNAL OF THE HOUSE,

Community Health Management Community Care AIDS Drugs and Clinical Supplies Adolescent Health Planning Councils Indirect Cost Total

$

339,338

$

3,108,063

!

6,778,097

$

2,823,605

!

2,870,878

!

171,591

!

0

! 223,904,394

!

250,701

!

1,228,650

!

3,300,102

!

1,865,229

!

1,816,778

!

155,071

!

(770.054)

! 113,229,449

3. Rehabilitation Services Budget: Personal Services..................................................................... Regular Operating Expenses.................................................
Motor Vehicle Purchases ...............................................................$ Equipment............ ............................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage..............................................................................................! Institutional Repairs and Maintenance .......................................$ Case Services....................................................................................$ E.S.R.P. CaseServices....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding .................................................................$ State Funds Budgeted....................................................................!

62,837,150 10,416,531
800,674 45,100 331,676 3,551,681 4,930,167 1,719,009 1,456,893 892,620
0 510,068 139,000 17,377,092 27,000 593,500 7.991.975 113,620,136 100,000 19,816,102

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Diversified Industries
of Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

3,180,222 602,613

6,712,772

19,610,822

11,613,444 23,841,138

756,765

37,894,528

596,298

1,604,916

6,748,653

$

457,965

$ 113,620,136

!

1,201,178

!

602,613

1,299,599

3,952,847

765,429 0

0 8,057,978
389,540 778,829 2,636,328 131.761 19,816,102

4. Family and Children Services Budget: Personal Services.................................... Regular Operating Expenses................ Travel....................................................... Motor Vehicle Purchases ......................

37,632,181
3,369,889 651,453 0

FRIDAY, JANUARY 15, 1993

193

Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Postage..............................................................................................! Cash Benefits...................................................................................! Children's Trust Fund Grants ......................................................$ Grants to County DFACS - Operations ......................................$ Service Benefits for Children........................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................$ State Funds Budgeted....................................................................!

227,655 1,856,861 9,464,103 21,938,065 2,118,333 3,142,475 466,879,474 1,126,134 233,896,918 112,192,901 3,703,926 14,518,920 912,719,288 2,565,582 350,976,562

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations
Social Services County DFACS Operations
Eligibility County DFACS Operations
Joint and Administration County DFACS Operations
Homemakers Projects Food Stamp Issuance Director's Office Administrative Support Quality Assurance Public Assistance Field Management Social Services Indirect Costs Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Human Resources Management Outreach - Contracts Special Projects Community Services Children's Trust Fund Grants County DFACS Operations
Employability Program Child Support Recovery Total

$

2,799,421

! 456,268,372

!

100

!

8,665,581

!

73,828,638

!

98,713,966

!

47,958,249

!

7,199,934

!

2,769,480

!

363,168

!

5,588,224

$

3,650,549

!

23,008,256

!

1,207,894

!

3,065,140

!

0

!

13,988,947

!

1,730,874

!

32,309,023

!

5,586,136

!

2,074,927

!

6,453,207

!

54,857,157

!

1,665,126

!

144,817

!

1,012,316

!

11,091,750

!

1,252,015

!

6,196,131

!

39,269,890

! 912,719,288

!

0

! 173,362,394

!

100

!

0

!

25,322,660

$

49,298,280

!

21,480,589

!

1,769,007

!

0

!

363,168

!

4,493,755

$

3,650,549

$

9,862,797

$

1,207,894

$

3,065,140

$

(8,034,204)

!

5,457,000

$

1,275,316

!

21,964,287

$

4,437,334

!

1,969,337

!

4,530,793

!

14,915,359

!

1,497,727

$

144,817

$

988,714

!

941,219

$

1,252,015

!

2,353,667

$

3,406,848

$ 350,976,562

A. Budget Unit Object Classes: Personal Services.............................................................................!

189,671,726

194

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................$ Postage..............................................................................................! Capital Outlay .................................................................................$ Grants for Regional
Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................! Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants........................................................................! Family Planning Benefits..............................................................! Grants-In-Aid to Counties .............................................................$ Payments to DMA for Community Care.....................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants to County DFACS - Operations......................................! Institutional Repairs and Maintenance.......................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................! Children's Trust Fund Grants......................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation/Substance Abuse and Institutions...........................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs
and Maintenance.........................................................................! Substance Abuse Community Services........................................! Mental Retardation Community Services...................................! Mental Health Community Services............................................! Community Mental Health Center
Services.........................................................................................! Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$

85,524,099 3,503,360
948,100 750,949 10,980,977 19,132,980 25,223,157 4,918,531 892,620 4,726,050
0
747,761 7,739,825
640,000 308,000 2,928,130
950,000 515,602 74,210,729 13,213,121 131,346,768 17,377,092 27,000 466,879,474 233,896,918 228,155 5,258,920 63,582,921 1,126,134
413,561.428 341,508,994 35,937,623
283,053 420,000 1,772,651 234,554 8,149,039 4,066,700 2,348,900 11,469,056
0 714,900
1,724,700 42,737,596 91,067,922 21,876,993
56,092,683 272.118
620,677,482 2,404,100

FRIDAY, JANUARY 15, 1993

195

State Funds Budgeted.,

413,561,428

Community Mental Health/Mental Retardation, Substance Abuse and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional Hospital
at Augusta Northwest Regional Hospital
at Rome Georgia Regional Hospital
at Atlanta Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School
and Hospital West Central Georgia Regional
Hospital Outdoor Therapeutic Program Mental Health Community
Assistance Mental Retardation Community
Assistance Day Care Centers for
Mentally Ratarded 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 Total

$

40,512,868

$

30,820,338

$

32,567,161

$

23,923,914

$

30,092,197

$

30,435,255

$ 136,507,219

$

24,842,773

$

46,848,380

$

22,916,873

$

3,462,612

$

10,233,627

$

4,786,953

$

69,881,100

$

21,536,590

$

702,484

$

516,969

$

1,090,072

$

56,092,683

$

379,214

$

1,406,231

$

280,748

$

340,403

$

4,099,727

$

15,536,164

$

90,900

$

10,774,027

$ 620,677,482

24,418,556 10,788,238
25,235,922
19,918,233
22,000,759
20,993,416 80,635,141
18,563,294
20,726,768
17,500,655 2,593,738
10,057,319
2,939,056
42,145,100 17,262,697
702,484 516,969 1,090,072
47,370,568 379,214
1,210,731
280,748 340,403
4,099,727
15,536,164
90,900 6.164.556 413,561,428

C. Budget Unit: Department of Children and Youth .........................
Administration and Examination Budget: Personal Services...................................... Regular Operating Expenses..................

78,004,283
57,924,378 4,187,906

196

JOURNAL OF THE HOUSE,

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Utilities .............................................................................................$ Institutional Repairs
and Maintenance .........................................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ County-Owned Detention Centers................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

704,472 146,860 340,177 1,029,100 1,664,915 160,324 673,005 1,960,860
341,002 7,916,202
212,796 2.540,400 79,802,397 78,004,283

Department of Children and Youth Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
Milledgeville State Youth Development Center
Augusta State Youth Development Center
Lorenzo Benn State Youth Development Center
Macon State Youth Development Center
Court Services Community Treatment Center Day Care Centers Group Homes Runaway Investigation/
Interstate Compact Purchase of Services Assessment and Classification Administration Total

19,820,531
9,980,779
7,835,441
4,363,978
4,686,251 14,135,359 2,987,990
884,375 763,408
830,416 8,704,047
457,365 4.352,457 79,802,397

$

19,091,119

9,583,387

7,510,923

4,211,665

4,491,772 14,135,359 2,987,990
884,375 763,408

830,416 8,704,047
457,365 4.352.457 78,004,283

Section 24. Department of Industry, Trade
and Tourism Budget Unit: Department of Industry, Trade and
Tourism....................................................................? State Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Local Welcome Center Contracts.................................................? Advertising and
Cooperative Advertising.............................................................?

15.693,790
7,791,692 1,343,815
244,217 59,760 53,769 106,285 822,733 203,076 661,248 126,910
4,240,985

FRIDAY, JANUARY 15, 1993

197

Georgia Ports Authority Authority Lease Rentals.................
Waterway Development in Georgia.. Lanier Regional Watershed
Committee........................................ Total Funds Budgeted........................ State Funds Budgeted.......................

1,445,000 24,500
9,800 17,133,790 15,693,790

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

!

8,355,075

i

4,420,686

i

4.358,029

i

17,133,790

7,535,075 4,260,686 3,898,029 15,693,790

Section 25. Office of Commissioner of Insurance.
Budget Unit: Office of Commissioner of Insurance ...................
Operations Budget: Personal Services.................................... Regular Operating Expenses................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications......................................................................-! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,293,756
11,775,443 706,912 394,214 40,500 280,880 611,762 150,000 653,502 286,025 0
14,899,238 14,293,756

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

4,570,910 5,562,035
477,115
4,289,178 14,899,238

$

4,570,910

!

5,562,035

!

477,115

$ 3,683,696

!

14,293,756

Section 26. Department of Labor. Budget Unit: Department of Labor....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts(JTPA) .........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Payments to State Treasury..........................................................!

6,455,582 62,661,235 5,183,747
1,060,000 470,063
1,379,108
67,264,698 2,870,657 3,812,046 1,263,770 1,774,078

198

JOURNAL OF THE HOUSE,

Capital Outlay ............... Total Funds Budgeted.. State Funds Budgeted..

2.130.000 149,869,402
6,455,582

Department of Labor Functional Budgets

Total Funds

State Funds

Administration Employment and Training
Programs Total

22,577,652
127,291,750 149,869,402

3,748,246
2.707,336 6,455,582

Section 27. Department of Law. A. Budget Unit: Department of Law..................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Books for State Library.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8.727,304 8,184,253
335,425 84,057 4,030 462,926 30,000 149,533 92,080 110,000 9,452,304 8,727,304

Section 28. Department of Medical Assistance. A. Budget Unit: Medical Services.......................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties
for Mental Health .......................................................................$ Audit Contracts ...............................................................................$ Reserves for Medicaid Benefits ....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

960,305,837
12,919,198 3,273,421
104,200 48,176 935,973 56,408,982 16,926,286 401,058
2,413,356,054
43,767,828 772,500
222.957,982 2,771,871,658
960,305,837

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Operations Community Services Professional Services Systems Management Program Compliance Institutional Policy and
Reimbursement Benefits, Penalties and

905,927 57,362,334
1,067,418 2,198,326 18,713,573 4,570,579
6,488,687

448,817 3,583,863
379,647 909,852 5,277,579 1,730,418
3,606,486

FRIDAY, JANUARY 15, 1993

199

Disallowances

$ 2,680,081,864

Maternal & Child Health

$

482,950

Total

$ 2,771,871,658

B. Budget Unit: Indigent Care Trust Fund ......................................$

Indigent Care Trust Fund Budget:

Benefits .............................................................................................$

Total Funds Budgeted....................................................................!

State Funds Budgeted....................................................................?

944,231,236 137,939
960,305,837 90,578.050
238.866.166 238,866,166 90,578,050

Section 29. Merit System of Personnel
Administration
Budget Unit: Merit System of Personnel Administration ........................................................$
Personal Services.............................................................................?
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................?
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................?
Computer Charges...........................................................................? Telecommunications.......................................................................?
Health Insurance Claims Payments.............................................? Total Funds Budgeted....................................................................? Other Agency Funds.......................................................................? Agency Assessments........................................................................?
Employee and Employer Contributions......................................? Deferred Compensation..................................................................? State Funds Budgeted....................................................................?

0 7,511,814 1,679,552
81,440
37,805 912,524
92,116,066 3,301,983
283,826
701.835,729 807,760,739
80,897 10,019,257 797,524,016
136,569 0

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and Compensation
Flexible Benefits Program Employee Training and
Development Health Insurance Administration Health Insurance Claims
Internal Administration Commissioner's Office
Total

2,685,972 1,294,061 1,285,149
1,305,848 27,259,286 769,635,934 2,591,228 1,703.261 807,760,739

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............................................................?

59,258,781
59,515,856 11,499,043
384,234 1,614,659 2,098,805 4,164,903 1,089,506
794,950 996,057 147,440 150,000

200

JOURNAL OF THE HOUSE,

Cost of Materials for Resale ..........................................................$ Capital Outlay - New Construction..............................................! Capital Outlay - Repairs
and Maintenance.........................................................................$ Capital Outlay - Land
Acquisition Support....................................................................$ Capital Outlay - WMA
Land Acquisition.........................................................................$ Capital Outlay - Shop
Stock - Parks................................................................................$ Capital Outlay - User
Fee Enhancements ......................................................................$ Capital Outlay - Buoy
Maintenance.................................................................................$ Capital Outlay - Waterfowl Habitat ............................................$ Capital Outlay - Paving at
State Parks and Historic Sites................................................................................! Land and Water Conservation Grants ...................................................................$ Environmental Facilities Grants...................................................$ Historic Preservation Grants.........................................................! Recreation Grants ...........................................................................$ Contract - Georgia Special Olympics .........................................................................$ Contract - Technical Assistance ...................................................$ Contract - Corps of Engineers (Cold Creek State Park).............................................................$ Contract - Georgia Rural Water Association....................................................................................! Contract - Georgia State Games Commission .....................................................................$ Contract - U. S. Geological Survey for Ground Water Resources.....................................................! Contract - U. S. Geological Survey for Topographic Mapping..........................................................! Payment to Georgia Agricultural Exposition Authority..................................................................! Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park Authority..................................................................! Receipts from Stone Mountain Memorial Association .................................................................$ Receipts from Lake Lanier Islands Development Association ...........................................................$ Indirect DOAS Funds.....................................................................! State Funds Budgeted....................................................................!

2,450,000 503,703
2,228,500
330,000
585,000
270,000
1,129,000
30,000 0
400,000
800,000 0
234,330 0
49,000 106,513
170,047
9,800
88,472
300,000
0
2,448,394 5,000
94,593,212
314,594
2,122,585
1,948,969 200,000
59,258,781

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish

6,611,382
34,677,361 1,669,991
28,251,643

2,225,234
17,833,561 1,563,491 24,024,491

FRIDAY, JANUARY 15, 1993

201

Environmental Protection Total

$

23,382.835

$

94,593,212

$

13,612.004

$

59,258,781

B. Budget Unit: Georgia Agricultural Exposition Authority ..............................................$
Operations Budget: Personal Services.............................................................................!
Regular Operating Expenses .........................................................$
Travel................................................................................................! Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................! Real Estate Rentals........................................................................!
Per Diem, Fees and Contracts .................................................... ! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

0
1,595,002 1,345,998
21,450 0
85,000 0
563,000 29,000 29,000 3,668,450
0

Authorities Functional Budgets

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...........................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................!
Travel................................................................................................! Motor Vehicle Purchases...............................................................!
Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................!
Computer Charges...........................................................................! Telecommunications.......................................................................!
State Patrol Posts Repairs and Maintenance ..........................................................$
Capital Outlay .................................................................................$
Conviction Reports.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

82.419,028
65,491,992 8,721,861
135,000 2,416,120
660,220 47,335 279,500 3,607,000 1,192,000
180,000 0
290,000 1,048,000 84,069,028 1,650,000 82,419,028

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations
Total

!

11,446,055

!

25,923,307

!

46,699.666

!

84,069,028

!

11,446,055

!

24,423,307

$

46,549,666

!

82,419,028

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget:

12.768,516

202

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment. .......................................................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$
Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................$
2. Office of Highway Safety Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$
Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$
Telecommunications.......................................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

6,843,024 2,500,836
91,200 0
101,720 100,821 572,840 379,000 140,000 3,016,149
0 13,745,590 12,475,528
468,615 43,742 10,828
0 3,096 75,078 74,012 37,600 3,670 3,500,000 4,216,641 292,988

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 Center Totals

$

4,216,641

$

4,895,730

$

1,159,276

$

1,044,905

$

397,332

$

6,248.347

$

17,962,231

292,988
4,895,730 859,216 964,905
397,332
5,358,345 12,768,516

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..........................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel ................................................................................................$

8,240.248 6,055,926
387,583 165,442

FRIDAY, JANUARY 15, 1993

203

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

133,328 10,682 400,600 321,189 122,366 2,098,115 9,695,231 8,240,248

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,520,898 3,091,378 5.082.955 9,695,231

1,520,898

$

1,750,117

4.969,233

8,240,248

Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................$ Resident Instruction Budget: ^^> Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium......................................,...............................! Eminent Scholars Program............................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Capital Outlay .................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

800,775,892
912,491,091 127,868,149
211,894,841 130,027,723
5,656,519
300,346 327,618 281,769 1,550,000
0 19.930.103 1,410,328,159 35,145,666 258,453,106 292,996,092 19,930,103 3,027,300 800,775,892

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.....................................................................! Agricultural Research.....................................................................! Advanced Technology
Development Center...................................................................! Mercer Medical School Grant.......................................................!

136,572,782
229,830,296 71,769,222
126,848,743 38,685,565 1,851,062
1,537,913 5,194,000

204

JOURNAL OF THE HOUSE,

Morehouse School of Medicine Grant .........................................$ Capitation Contracts for
Family Practice Residency.........................................................$ Residency Capitation Grants.........................................................! Student Preceptorships..................................................................$ Center for Rehabilitation Technology .........................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants .........................................................$ Regents Scholarships......................................................................! Rental Payments to Georgia
Military College...........................................................................! CRT, Incorporated Contract at
Georgia Tech Research Institute ..............................................$ Capital Outlay.................................................................................! Direct Payment - GPTC ................................................................$ Total Funds Budgeted....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

4,312,000
2,582,707 2,390,499
146,403 1,686,906 3,848,050 1,101,055
552,720 184,240
808,908
206,780 17,400,000 6,203,236 517,140,305 112,271,263 250,340,560
555,700 136,572,782

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Extension Service Skidaway Institute of
Oceanography Marine Institute Georgia Tech Research
Institute Education Extension
Services Agricultural Experiment
Stations 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

1,706,531 3,568,530 1,303,980 127,675,519 7,302,905 47,848,067 41,644,325 242,606,023
2,419,303 2,486,322 15,384,440 2,295,254
3,276,299 17,622,807 517,140,305

1,169,743 1,355,342
853,257 11,709,917 2,009,167 30,987,555 24,988,513 27,679,204
2,419,303 449,604
15,384,440 0
45,745 17,520,992 136,572,782

C. Budget Unit: Georgia Public Telecommunications Commission.
Public Telecommunications

FRIDAY, JANUARY 15, 1993

205

Commission Budget: Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

3,496,351 4.629.256 8,125,607 8,125,607
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! County Tax Officials/Retirement
andFICA......................................................................................! Motor Vehicle Tags and Decals ....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ Other Funds.....................................................................................! State Funds Budgeted....................................................................!

79,336,570
49,796,965 4,329,794 1,370,575
62,745 551,124 2,646,528 1,591,243 12,330,702 1,023,411
4,550,926 2,439,610 3.313,844 84,007,467 3,845,000
825,897 79,336,570

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

8,974,065 10,451,987 9,596,504 17,483,129 7,786,460 14,617,389 6,899,238 3,935,931 4,215,912
46.852 84,007,467

8,974,065 10,251,987 8,781,304 17,183,129 7,086,460 13,317,389 6,899,238 2,910,034 3,886,112
46,852 79,336,570

Section 36. Secretary of State. A. Budget Unit: Secretary of State.....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22.163,259 14,948,849 2,187,541
176,350 208,000 169,387 2,277,620 776,987 964,815 303,710 650.000 22,663,259 22,163,259

206

JOURNAL OF THE HOUSE,

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulations Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Total

3,218,252 4,348,112
4,211,431
1,515,510 968,286 269,339
8,132,329 22,663,259

$

3,013,195

4,293,619

4,140,404

1,500,087 914,286 269,339
8.032,329 22,163,259

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1.754,416
1,027,392 153,500 15,000 11,000 12,000 113,700 134,750 263,074 24,000
1,754,416 1,754,416

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 Purchase.................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1.643,494
885,630 108,635 54,050
0 12,375 7,250 53,377 15,920 705,914 416,768 2,259,919 1,643,494

Section 38. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance
Commission..............................................................! Administrations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................!

25.026,997
4,592,951 397,661 81,800 0 18,500 24,763 38,000 366,027 145,000

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207

Payment of Interest and Fees.......................................................$ Guaranteed Educational Loans.....................................................$ Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................$ Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College ROTC Grants..........................................$ Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship Grants ...........................................$ Paul Douglas Teacher Scholarship...............................................$ Total Funds Budgeted........,...........................................................$ State Funds Budgeted....................................................................$

0 4,076,000 16,924,274 4,803,940
38,000 85,000 160,000 501,740 425,000 32,678,656 25,026,997

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

5,178,917 0
27,013,954
485,785 ERR

0 0 24,541,212
485,785 25,026,997

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Cost-of-Living Increases for
Local Retirement System Members .........................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,800,000
3,404,588 320,500 26,650 3,200 315,500 320,000 944,361 63,014
3,200,000
600,000
0 9,197,813 3,800,000

Section 40. Department of Technical
and Adult Education. Budget Unit: Department of Technical and
Adult Education......................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$

121,216,988 3,586,821 357,303 108,250 0 17,000 391,822 454,619 141,000

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Telecommunications ......................,................................................$ Personal Services-Institutions .......................................................$ Operating Expenses-Institutions...................................................$ Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program.............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................$ Federal Funds..................................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

713,500 85,856,410 18,459,911
0 5,815,340 23,268,933 2,584,343 10,506,158 152,261,410 19,747,224 11,297,198 121,216,988

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,745,315

! 146,516.095

$ 152,261,410

$

3,937,520

117,279.468

121,216,988

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....................................................................!

420,304.091
223,456,977 58,998,174
1,555,799 820,368
5,187,002 5,088,058 1,307,274 2,406,075 12,010,705 751,374,730
975,335 850,000 9,342,544 680,000
3,000,000 1,077,053,041
420,304,091

Department of Transportation Functional Budgets

Total Funds

State Funds

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

790,093,128 228,575,142
8,689,580 22.499.387 1,049,857,237

166,253,128 217,175,142
8,039,580 21.919.387 413,387,237

General Funds Budget

Air Transportation

1,517,581

1,157,581

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209

Inter-Modal Transfer Facilities
Harbor Maintenance Activities
Planning and Construction Total

21,898,223
3,680,000 100,000
27,195,804

4,979,273
680,000 100,000 6,916,854

Section 42. Department of Veterans Service. Budget Unit: Department of
Veterans Service......................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Equipment...................................................................................... $ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications ..................,....................................................$ 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....................................................................!

20,845,883 4,343,151
109,725 71,200 83,100 233,487 23,000 8,800 55,500
15,255,296
6,033,934
80,321 26,297,514 20,845,883

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

4,856,463
15,326,196
6.114.855 26,297,514

4,652,480
11,805,918
4,387,485 20,845,883

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board .........
Personal Services... ................................................. Regular Operating Expenses ................................
Equipment.......... ..............................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ....... ...............................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Payments to State Treasury..... .....................................................$ Georgia Crime Victims
Assistance Program....................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

9.343,742 6,763,040
308,220 64,750 13,958 932,964 239,200 190,110 105,000 1,000,000
0 9,617,242
273,500 9,343,742

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation

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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) ............................................................$

312,420,349 68.310.000 380,730,349
6,307,710 0
6,307,710

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 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 48. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 49. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

FRIDAY, JANUARY 15, 1993

211

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 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 emergency-type 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 Education Department 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 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 SPY 1993 on the basis of one-
eighteenth of the total appropriation for each Regional Development Commission area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitment 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.

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Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools and eligible private schools.
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.
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 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 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 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

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.

FRIDAY, JANUARY 15, 1993

213

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 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continum 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. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 fund for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funs will be provided within existing budget and with donated funds. 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, Department of Law. Provided, the department is authorized to use other funds for the use of upgrading computer systems.
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 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 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.

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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 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, technical assistance be distributed among qualified agencies for professional, regional preservation planning services.
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 64. Provisions Relative to Section 34, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided, that 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 65. Provisions Relative to Section 36, Office of Secretary of State. Provided, 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 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.
Provided, that of the funds appropriated herein, $25,000 is designated and committed solely for Board Member Training.
Section 67. 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

FRIDAY, JANUARY 15, 1993

215

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.
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 la\ .
It is the further intent of this General Assembly that of the $481,697,237 of motor fuel tax appropriated in this act, $5,000,000 is designated for the design of the bridge that will replace the existing Sidney Lanier Bridge in Brunswick.
It is the further intent of this General Assembly that of the $481,697,237 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; 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 laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

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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 vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict 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.
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

FRIDAY, JANUARY 15, 1993

217

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 otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at lease 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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Equipment, Computer Charges, Real Estate Rentals, Postage 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. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $11,700 is specifically appropriated for the purpose of

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financing facilities for the Department of Defense 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 $50,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

Section 79. 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 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 instructional 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 Lieutenant 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.
It is the intent of this General Assembly that the Georgia State Financing 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 80. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1993....................................................................$ (Including $90,578,050 in the Indigent
Care Trust Fund)

8,251,716,454

Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 82. All laws and parts of laws in conflict with this Act are repealed."

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, and by substituting in lieu thereof the following:

FRIDAY, JANUARY 15, 1993

219

"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 General Funds of the State, including surplus, reserves and a revenue estimate of $8,099,000,000 (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 .................................................................................$
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

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

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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 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 Sen-
ate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from
funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the
expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee
shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other
appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$
Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................?

14,920.434 12,636,218
386,144 521,650
108,000 9,550
802,995
39,000 311,177 105,700 14,920,434
14,920,434

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

4,893,172
4,200,877 1,377,295 5,578,172
4,893,172

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$

5,743,669

FRIDAY, JANUARY 15, 1993
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts ............................................................... ! Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior Court Judges................................................! Judicial Administrative Districts..................................................! Habeas Corpus Clerk......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial Administrative
Districts for Case Counting .......................................................$ Board of Court Reporting..............................................................! Payment to Council of Magistrate
Court Judges................................................................................! Payment to Council of Probate
Court Judges................................................................................! Payment to Council of State Court Judges ................................$ Payment to Resource Center.........................................................! Payment to Computerized
Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council.............................................!
PART III. EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Personal Services.............................................................................!

221
4,944,669 849,000
5,793,669 5,743,669
46,553,853 44,630,668
1,791,715 153,600 114,499
1,464,647 7,800
48,162,929 46,553,853
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 2,319,058 2,061,454
33,248,287 47,085,583

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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....................................................................?

12,345,554 258,340 74,480
1,519,947 10,398,262 3,724,137 2,819,765
402,825 10,751,716
38,550 2,750,000
0
0 45,094,697
383,880 16,500,000
150,000 35,825 154,333,561 33,248,287

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems
Administration Space Management
Administration Procurement Administration General Services
Administration Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services State Properties Commission Total

1,685,974 2,865,708
10,165,277
485,167 2,837,754
483,246 16,894,076 46,501,373 3,554,856 57,013,807 6,585,403 1,606,287 1,156,055 2,078,226
420,352 154,333,561

527,183 2,832,794
7,415,277
485,167 2,837,754

B. Budget Unit: Georgia Building Authority....................................? Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Utilities.............................................................................................?

0 18,778,739 5,509,356
0 215,000 176,335 60,800
16,800 122,584 171,000
0
7,466,638

FRIDAY, JANUARY 15, 1993

223

Contractual Expense .....................................................................$ Fuel....................................................................................................$ Facilities Renovations and Repairs ..............................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

263,100 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

1,624,398 4,788,256 3,930,348 5,197,690
394,619 4,960,896 10,244,673 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 ..............................................$
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....................................................................$

99,834 81,334 10,300 7,800
0 0 0 0 400 0 0 0 99,834 99,834

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ...................................................................... ! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Market Bulletin Postage .............................................................. ! Payments to Athens and Tifton
Veterinary Laboratories.............................................................! Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................!
Veterinary Fees................................................................................!

32.361.169 28,652,322 3,876,578
815,170 379,616 273,063 308,700 778,070 318,274 163,072 860,000
2,386,487
1,759,941 403,760

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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....................................................................$

112,700 175,000
622,817
362,600 0
39,200 0
42,287,370 32,361,169

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

4,776,629 6,595,082 1,828,226 3,127,022 3,147,683 2,022,724 3,029,092
6,562,699 4,070,110 4,458,629
505,651 2.163,823 42,287,370

4,440,629 6,339,082 1,779,226 3,127,022 2,748,054 2,022,724 3,011,512
4,499,390 1,717,904
837,803 0
1.837,823 32,361,169

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 818,030 169,800
5,864 0
10,755 500 0
7,708 48,081 147,160 95.000 1,302,898
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!

7.245,076 6,005,914
288,747 318,019 88,792
17,138 245,830

FRIDAY, JANUARY 15, 1993

225

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

225,000 51,136 4,500 7,245,076 7,245,076

Section 15. Department of Children and Youth Services.
Budget Unit: Department of Children and Youth Services.........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment..................................................................,.....................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Institutional Repairs and Maintenance.......................................! Grants to County-Owned Detention Centers .............................$ Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

78,004,283 57,924,378 4,187,906
704,472 146,860 340,177 160,324 1,029,100 673,005 1,664,915 1,960,860 341,002 2,540,400 7,916,202 212.796 79,802,397 78,004,283

Children and Youth Services Functional Budgets

Total Funds

State Funds

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

19,820,531 10,078,577 7,791,747 4,337,649 4,658,475 14,174,787 2,969,773
878,889 759,032 8,700,255
825,990
454,235
4,352,457 79,802,397

19,091,119 9,681,185 7,467,229 4,185,336 4,463,996 14,174,787 2,969,773
878,889 759,032 8,700,255
825,990
454,235
4,352,467 78,004,283

Section 16. Department of Community Affairs. Budget Unit: Department of
Community Affairs ............................... Personal Services........................................................... Regular Operating Expenses....................................... Travel............................................................................... Motor Vehicle Purchases ............................................. Equipment......................................................................

13,986,952 5,355,918
220,527 135,980
0 881

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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
Facilities Authority for Operations ..........................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

208,833 516,379 42,580 96,564 68,600
2,217,561 752,800
97,803
30,000,000 107,800 0 890,000
4,625,000
1.232,474 46,569,700 13,986,952

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Government Management Financial Assistance Coordinated Planning Total

10,915,587 1,377,483 31,943,855 2.332,775 46,569,700

9,594,587 1,360,483
967,355 2,064,527 13,986,952

Section 17. 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

494.375.376 358,037,857 49,317,841
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

FRIDAY, JANUARY 15, 1993

227

Extension Service Contracts......................................................$ Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................!

330,153 1,580,200 506,879,091
450,000
0 494,375,376

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

53,530,712 358,368,395 94,979.984 506,879,091

$

53,028,712

$ 357,150,395

$

84,196,269

$ 494,375,376

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications..,....................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

35.371.233 28,841,882
1,206,200 636,315 40,500 129,000 456,836
2,403,000 785,000 267,500 600,000 5.000
35,371,233 35,371,233

Section 18. Department of Defense. Budget Unit: Department of Defense ................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3.752,403 6,691,642 4,169,788
22,460 0
33,300 3,700 4,740 68,500 566.400 11,560,530 3,752,403

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,133,806 4,523,265 5,903.459 11,560,530

1,022,698 511,711
2.217,994 3,752,403

Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education....... Personal Services........................................

3,070.839.691 37,856,260

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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 ....................................................$ 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............................................!
High School Program .....................................................................$
Special Education in
State Institutions.........................................................................!

3,982,877 1,210,209
0 439,897 5,302,383 2,403,082 1,440,290 13,289,749 755,136 53,600
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 84,028,051 578,797,768 124,547,423 (594,153,230) 60,059,024 49,019,607 (36,920,019)
3,526,262
153,074,397 3,421,565 20,074,950 41,642,563 49,234,404
406,000
200,863,393 4,600,914
23,177,937 2,401,899 35,493,693 113,396,789 22,861,763
1,500,000 6,820,033 3,124,736 21,605,317
3,965,103

FRIDAY, JANUARY 15, 1993

229

Governor's Scholarships.................................................................! Advanced Placement Exams .........................................................$ Job Training Partnership Act .......................................................$ Vocational Research and Curriculum ..........................................$ EvenStart........................................................................................$ 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................................................?
Education of Homeless Children/Youth......................................? 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.............................................................................? Serve America..................................................................................? Pre-Kindergarten Program............................................................? Duty-Free Lunch.............................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

2,378,647 650,000
3,084,680 258,213
1,779,075
10,242,708 4,441,538
874,209 3,764,432 16,787,825
10,500,934
16,188,891 81,000
2,350,000 525,000
5,921,681 11,504,934
100,000 156,657 4,353,819 253,000
67,167,892 11,525,312
750,000 370,103 2,593,489
0 3,514,777,937
340,000 3,070,839,691

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

5,109,930 19,567,448 1,164,392 18,116,039 6,111,660
825,869 3,448,044,454
4,805,938 6,655,903
4,376,304 3,514,777,937

4,467,589 13,911,368 1,027,999 12,913,117 2,401,299
825,869 3,020,465,705
4,577,545 6,414,720
3,834,480 3,070,839,691

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System .........
Personal Services..................................................... Regular Operating Expenses .................................

250,000 618 1,536,309 225,800

230

JOURNAL OF THE HOUSE,

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....................................................................!

13,500 0
13,015
438,573 242,000 23,812
1,139,380 0
3,632,389
250,000

Section 21. Forestry Commission. Budget Unit: Forestry Commission ....................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Ware County Grant ........................................................................$
Ware County Grant for Southern Forest World................................................................................!
Ware County Grant for Road Maintenance ...............................$ Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

31.930.436 26,965,436 5,329,085
155,845 964,884 1,650,000 144,250 46,740 1,007,600 617,925 24,500
4,900 60,000 184,705 37,155,870 31,930,436

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation
Field Services General Administration
and Support Total

!

1,732,084

$

31,436,473

$

3,987,313

!

37,155,870

$

11,265

!

28,571,868

!

3.347,303

!

31,930,436

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................! Regular Operating Expenses ..............................................,..........$
Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................!
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................!
Total State Funds Budgeted........................................................-!

36.198,666 28,057,897 2,695,667
472,761 789,008 776,610
1,488,692 1,967,522
679,317 1,025,256
390,711
451.000 38,794,441
36,198,566

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

!

3,356,564

$

3,356,564

FRIDAY, JANUARY 15, 1993

231

Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

9,060,867 11,308,271
6,797,812 8,270,927 38,794,441

$

8,050,962

$

10,743,181

$

6,371,490

$

7,676.369

$

36,198,566

Section 23. 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....................................................................!

24,419.087 12,442,847
907,086 242,531
0 63,139 647,937 970,338 325,138 41,937,128 2,865,310 40,000 3,154,000 152,280 2,627,357 232,211 42,800
0 95,000 1,363,725
728,540 100,000 503,500 1,044,200
0 40,000
0 70,525,067 24,419,087

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Commission on Equal
Opportunity 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

6,211,590
844,724
5,574,680 3,510,188 2,208,907 29,914,244
243,297
523,605
11,930,191
1,775,402

$

6,211,590

$

734,724

5,574,680

$

2,974,510

2,208,907

295,902

91,147

523,605

343,412

495,402

232

JOURNAL OF THE HOUSE,

Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

$

206,567

$

411,445

$

3,371,360

$

3,498,867

$

300,000

$

70,525,067

$

206,567

$

0

$

3,371,360

$

1,087,281

$

300,000

$

24,419,087

Section 24. Department of Human Resources.

A. Budget Unit: Departmental Operations....................................... .$

1. General Administration and Support Budget:

Personal Services...............................................

.$

.$

Travel ...................................................................

.$

.$

Equipment.. .........................................................

.$

Real Estate Rentals ..........................................

.$

.$

Computer Charges.. .......................................... .

.$

.$

.$

Service Benefits for Children ....................... ...

.$

.$

.$

Postage.......... ......................................................

.$

.$

Total Funds Budgeted......................................

.$

Indirect DOAS Services Funding ...................

.$

State Funds Budgeted

.$

554,940,314
42,420,443 1,889,111 1,160,886 863,000 96,052 4,484,397 697,789 877,000 645,969 307,485 19,153,867 30,196,885 59,455 939,821 13,213,121
117,005,281 412,600
70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children
and Youth Administrative Support
Services Facilities Management Administrative Appeals Regulatory Services -
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning

$

737,000

$

1,979,593

$

19,153,867

$

16,034,637

$

5,046,140

$

1,587,761

$

584,783

$

2,709,605

$

6,210,964

$

5,823,352

$

5,279,758

$

1,747,275

$

1,736,257

$

0

$

398,942

$

46,520,589

$

737,000

$

1,979,593

$

18,631,822

$

15,068,537

$

3,499,255

$

1,587,761

$

574,783

$

2,709,605

$

1,849,067

$

792,241

$

5,079,758

$

1,747,275

$

1,736,257

$

(7,766,215)

$

398,942

$

20,897,762

FRIDAY, JANUARY 15, 1993

233

Agency Total

1.454.758 117,005,281

1,394,758 70,918,201

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...............................................................! Institutional Repairs and Maintenance.......................................! Postage..............................................................................................! Grants for Regional Maternal and Infant Care...........................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

46,781,952 69,848,568
890,347 40,000 95,566 1,088,038 4,040,921 689,083 697,336 7,739,825 308,000 2,928,130
950,000 515,602 640,000 654,009 10,875,141 74,210,729
29,700 133,686
747,761,808 223,904,394
549,718 113,229,449

Public Health Functional Budgets

Total Funds

State 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 Maternal and Child

10,998,587 1,014,010 1,354,336
1,921,067
3,422,136
5,363,033
3,639,862 6,974,039 71,297,675 49,011,370 12,616,713 2,942,492 1,641,238
639,048 794,646
2,454,914

10,868,912 738,855
1,144,161
1,391,067
3,027,407
5,251,033
296,020 3,869,875
0 46,346,054 7,616,713
1,885,944 1,269,250
473,560 0
1,987,934

234

JOURNAL OF THE HOUSE,

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 Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Public Health -
Division Indirect Cost Total

987,912 1,329,405 2,511,353 1,031,530
498,922 3,958,331
809,745 322,420 1,624,636 1,758,251 720,797 922,953 5,296,984 3,108,063 339,338 6,778,097 9,954,417 2,823,605 2,870,878
171,591
0 223,904,394

663,163 506,479 1,601,605 1,031,530 498,922 3,828,701 612,520 322,420 1,491,035 1,539,222 497,979 749,036 5,176,984 1,228,650 250,701 3,300,102 696,591 1,865,229 1,816,778
155,071
(770,054) 113,229,449

3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
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....................................................................!

62,837,150 10,416,531
800,674 45,100 331,676 3,551,681 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 7,991,975 139,000 892,620 510,068 113,620,136 100,000 19,816,102

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

37,894,528 596,298 457,965
1,604,916 6,748,653
6,712,772
756,765

!

8,057,978

!

389,540

!

131,761

$

778,829

!

2,636,328

!

1,299,599

!

0

FRIDAY, JANUARY 15, 1993

235

Program Direction

and Support

$

Grants Management

S

Disability Adjudication

J

Georgia Factory for

the Blind

5

Roosevelt Warm Springs

Institute

3

Total

$

4. Family and Children Services Budget: Personal Services.................................... Regular Operating Expenses................

3,180,222 602,613
23,841,138
11,613,444
19,610.822 113,620,136

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 ......................................................!

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 Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery 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 -

363,168 3,065,140 5,588,224 3,650,549 11,091,750 1,207,894 1,665,126 23,008,256 39,269,890 456,268,372
100 2,799,421 8,665,581
98,713,966
73,828,638 2,769,480
7,199,934
47,958,249

1,201,178 602,613 0
765,429
3,952,847 19,816,102
37,632,181 3,369,889
651,453 0
227,655 1,856,861 9,464,103 21,938,065 2,118,333 1,126,134 466,879,474 3,703,926 112,192,901 14,518,920 3,142,475 233.896.918 912,719,288 2,565,582 350,976,562

State Funds

!

363,168

!

3,065,140

!

4,493,755

!

3,650,549

!

941,219

!

1,207,894

!

1,497,727

!

9,862,797

!

3,406,848

! 173,362,394

!

100

!

0

!

0

!

49,298,280

!

25,322,660

!

0

!

1,769,007

!

21,480,589

236

JOURNAL OF THE HOUSE,

Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

6,196,131 13,988,947 1,730,874 32,309,023 5,586,136 2,074,927 6,453,207 54,857,157
144,817 1,012,316
1,252,015 0
912,719,288

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 and Institutions...............................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!

2,353,667 5,457,000 1,275,316 21,964,287 4,437,334 1,969,337 4,530,793 14,915,359
144,817 988,714
1,252,015 (8,034,204) 350,976,562
189,671,726 85,524,099 3,503,360
948,100 750,949 10,980,977 19,132,980 25,223,157 4,918,531 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092 27,000 640,000 1,126,134 466,879,474 5,258,920 131,346,768 63,582,921 74,210,729 228,155 892,620 4,726,050 13,213,121
747,761
233,896,918
413,561,428 341,508,994 35,937,623
283,053 420,000 1,772,651 4,066,700

FRIDAY, JANUARY 15, 1993

237

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance .......................................$ Substance Abuse Community Services ........................................$ Mental Retardation Community Services ...................................$ Mental Health Community Services............................................? Community Mental Health Center Services...............................$ Special Purpose Contract...............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

234,554 2,348,900 8,149,039 11,469,056
714,900 1,724,700 42,737,596 91,067,922 21,876,993 56,092,683
272,118 620,677,482
2,404,100 413,561,428

Community Mental Health/Mental Retardation 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

40,512,868 30,820,338
32,567,161
23,923,914
30,092,197
30,435,255 136,507,219
24,842,773
46,848,380
22,916,873 3,462,612
10,233,627
4,786,953
69,881,100 21,536,590
702,484 516,969 1,090,072
56,092,683 379,214
1,406,231
280,748 340,403

$

24,418,556

$

10,788,238

$

25,235,922

$

19,918,233

$

22,000,759

$

20,993,416

$

80,635,141

$

18,563,294

$

20,726,768

$

17,500,655

$

2,593,738

$

10,057,319

$

2,939,056

$

42,145,100

$

17,262,697

702,484 516,969 1,090,072
47,370,568 379,214
1,210,731
280,748 340,403

238

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 Total

4,099,727
15,536,164
90,900 10,774.027 $ 620,677,482

4,099,727
15,536,164
90,900 6,164,556 413,561,428

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$ 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
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....................................................................!

15,693,790 7,791,692 1,343,815
244,217 59,760 53,769 106,285 822,733 203,076 661,248 126,910
4,240,985
1,445,000
0
0 24,500
0
0
9,800 0
17,133,790 15,693,790

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

!

8,355,075

!

4,420,686

!

4,358,029

!

17,133,790

!

7,535,075

!

4,260,686

!

3,898,029

!

15,693,790

Section 26. Department of Insurance. Budget Unit: Department of Insurance ........
Personal Services......................................... Regular Operating Expenses..................... Travel............................................................ Motor Vehicle Purchases........................... Equipment.................................................... Computer Charges.......................................

14.293,756 11,775,443
706,912 394,214 40,500 280,880 653,502

FRIDAY, JANUARY 15, 1993

239

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

611,762 286,025 150,000
0 14,899,238 14,293,756

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

4,570,910

$

5,562,035

$

477,115

$

4.289,178

$

14,899,238

$

4,570,910

$

5,562,035

$

477,115

$

3.683,696

$

14*293,756

Section 27. Department of Labor. Budget Unit: Department of Labor....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts (JTPA)........................................! Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6.455,582 62,661,235 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 2.130.000 149,869,402 6,455,582

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

$

22,577,652

! 127,291,750 ! 149,869,402

$

3,748,276

$

2,707,306

$

6,455,582

Section 28. Department of Law. Budget Unit: Department of Law.......................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,727,304 8,184,253
335,425 84,057
0 4,030 149,533 462,926 92,080 30,000 110,000 9,452,304 8,727,304

240

JOURNAL OF THE HOUSE,

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.. ...................................................$
Personal Services. ............................................................................$ Regular Operating Expenses .........................................................$
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....................................................................$

960.305.837 12,919,198 3,273,421
104,200 0
48,176 16,926,286
935,973 401,058 56,408,982
2,413,356,054 43,767,828 772,500
222,957,982 2,771,871,658
960,305,837

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

905,927

$

Benefits, Penalties

and Disallowances

$ 2,680,081,864

$

Community Services

$

1,067,418

$

Systems Management

$

18,713,573

$

Professional Services

$

2,198,326

$

Program Compliance

$

4,570,579

$

Institutional Policy

and Reimbursement

$

6,488,687

$

Maternal and Child Health

$

482,950

$

Operations

$

57.362,334

$

Total

$ 2,771,871,658

$

B. Budget Unit: Indigent Trust Fund................................................$

Per Diem, Fees and Contracts ......................................................$

Benefits.............................................................................................!

Total Funds Budgeted....................................................................!

State Funds Budgeted ....................................................................$

448,817
944,231,236 379,647
5,277,579 909,852
1,730,418
3,606,486 137,939
3,583,863 960,305,837 90,578.050
0 238,866.166 238,866,166 90,578,050

Section 30. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
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..................................................................!

0 7,511,814 1,679,552
81,440 37,805 912,524
92,116,066 3,301,983
283,826 701,835.729
807,760,739 80,897
10,019,257
797,526,054 134,531

FRIDAY, JANUARY 15, 1993

241

State Funds.,

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

1,703,261

$

2,685,972

1,294,061 1,285,149

1,305,848

27,259,286 769,635,934
2.591,228 807,760,739

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Material for Resale ...................................,.......................$ Capital Outlay: New Construction...........................................................................^ Repairs and Maintenance ..............................................................$ Land Acquisition Support .............................................................$ Wildlife Management Area Land
Acquisition....................................................................................? Shop Stock - Parks .........................................................................$ User Fee Enhancements.................................................................$ Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and
Historic Sites................................................................................$ Grants:
Land and Water Conservation ......................................................$ 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................................................$

59.258,781 59,515,856 11,499,043
384,234 1,614,659 2,098,805 4,164,903 1,089,506
794,950 996,057 147,440 150,000 2,450,000
503,703 2,228,500
330,000
585,000 270,000 1,129,000 30,000
0
400,000
800,000 0
234,330 0
49,000 0
106,513
170,047 9,800 88,472

242

JOURNAL OF THE HOUSE,

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................................................................ ....$

300,000
0
2,448,394 5,000
94,593,212
314,594
2,122,585 200,000
59,258,781

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

$

6,611,382

$

34,677,361

$

1,669,991

$

28,251,643

$

23,382,835

$

94,593,212

$

2,225,234

$

17,833,561

$

1,563,491

$

24,024,491

$

13,612,004

$

59,258,781

B. Budget Unit: Georgia Agricultural Exposition Authority .......................................... ....$
Personal Services.............................................................................$ Regular Operating Expenses ..................................................... ....$ Travel ............................................................................................ ....$ Motor Vehicle Purchases ........................................................... ....$ Equipment.................................................................................... ....$ Computer Charges...........................................................................$ Real Estate Rentals .................................................................... ....$ Telecommunications ................................................................... ....$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted................................................................ ....$ State Funds Budgeted................................................................ ....$

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

Section 32. Department of Public Safety. A. Budget Unit: Department of Public
Safety ........................................................................$
1. Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$

82.419,028
47,389,536 6,793,660
113,000 2,391,120
504,520 0
7,735

FRIDAY, JANUARY 15, 1993

243

Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Conviction Reports.........................................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

602,000 194,150
150,000 0
58,145,721 150,000
57,995,721
18,102,456 1,928,201
22,000 25,000 155,700 3,607,000 39,600 590,000 85,350
0 290,000
30,000 1,048,000 25,923,307 1,500,000 24,423,307

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

11,446,055

$

25,923,307

$

46.699.666

!

84,069,028

!

11,446,055

$

24,423,307

$

46,549,666

$

82,419,028

B. Budget Unit: Units Attached for Administrative Purposes Only..............................!
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants....................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!

12,768,516
6,843,024 2,500,836
91,200 0
101,720 377,000 100,821 142,000 572,840 3,016,149
0 13,745,590 12,475,528
468,615 43,742 10,828
0 3,096 37,600

244

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................?

75,078 3,670 74,012 3,500,000 4,216,641 292,988

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

$

4,216,641

$

4,895,730

$

1,159,276

$

1,044,905

$

397,332

$

6,248,347

$

17,962,231

$

292,988

4,895,730 859,216 964,905

397,332
5.358,345 12,768,516

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .....................
Payments to Employees' Retirement System., Employer Contributions...................................... Total Funds Budgeted......................................... State Funds Budgeted.........................................

9.622,000 472,000
9,150,000 9,622,000 9,622,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission.........
Personal Services............,............................... Regular Operating Expenses ........................
Motor Vehicle Purchases .......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

8.240,248 6,055,926
387,583 165,442 133,328 10,682 400,600 321,189 122,366 2.098,115 9,695,231 8,240,248

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,520,898 3,091,378 5.082,955 9,695,231

1,520,898 1,750,117 4.969,233 8,240,248

Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................... Personal Services:
Educ., Gen., and Dept. Svcs.............................

800.775,892 912,491,091

FRIDAY, JANUARY 15, 1993

245

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....................................................................!

127,868,149
211,894,841 130,027,723
5,656,519 300,346 327,618 281,769
1,550,000 19,930,103 1,410,328,159 35,145,666 258,453,106 312,926,195 3,027,300 800,775,892

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Mercer Medical School Grant.......................................................! Capital Outlay - ETMH.................................................................! 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...................................................................-!

136.572.782
229,830,296 71,769,222
126,848,743 38,685,565
0 1,851,062 1,537,913
2,582,707 2,390,499
146,403 5,194,000 17,400,000 1,686,906 8,160,050 1,101,055
552,720 184,240
808,908
206,780
6,203,236 517,140,305
0 112,271,263 267,740,560
555,700 136,572,782

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

246

JOURNAL OF THE HOUSE,

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

1,706,531
3,568,530 I,303,980
127,675,519
7,302,905 47,848,067
41,644,325
242,606,023
2,419,303 2,486,322 II,072,440
2,295,254 3,276,299 21,934,807 517,140,305

1,169,743 1,355,342
853,257 11,709,917
2,009,167
30,987,555 24,988,513
27,679,204
2,419,303 449,604
11,072,440
0 45,745 21.832,992 136,572,782

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 6,733,297 7,745,891 14,479,188 14,479,188
0

Section 36. Department of Revenue. Budget Unit: Department of Revenue ...............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................$ County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

79.986,570 50,596,965 4,329,794 1,370,575
62,745 551,124 12,180,702 2,646,528 1,023,411 1,591,243 4,550,926
0 2,439,610 3.313.844 84,657,467 3,845,000 79,986,570

Department of Revenue Functional Budgets

Total Funds

State Funds

FRIDAY, JANUARY 15, 1993

247

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

8,974,065 10,451,987 9,446,504 17,483,129 7,786,460 15,417,389 6,899,238 3,935,931 4,215,912
46,852 84,657,467

8,974,065 10,251,987 8,631,304 17,183,129 7,086,460 14,117,389 6,899,238 2,910,034 3,886,112
46,852 79,986,570

Section 37. Secretary of State. Budget Unit: Secretary of State......
Personal Services.......................... Regular Operating Expenses.....
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22,163,259 14,948,849 2,187,541
176,350 208,000 169,387 964,815 2,277,620 303,710 776,987 650.000 22,663,259 22,163,259

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 State Examining Boards Total

3,153,195 4,368,619
4,235,404
1,536,087 968,286 269,339
8,132,329 22,663,259

3,013,195 4,293,619
4,140,404
1,500,087 914,286 269,339
8.032,329 22,163,259

B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases..............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,754.416 1,027,392
153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750 1,754,416 1,754,416

Real Estate Commission Functional Budget

State Funds

Cost of Operations

248

JOURNAL OF THE HOUSE,

Real Estate Commission

$

1,754,416

$

1,794,416

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation
Commission..............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,643,494 885,630 108,635 54,050 0 12,375 7,250 53,377 15,920 705,914 416,768
2,259,919 1,643,494

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission......................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College ROTC Grants..........................................! Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship Grants...........................................! Paul Douglas Teacher
Scholarship Loans .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted ....................................................................$

25.026,997 4,592,951
397,661 81,800
0 18,500 366,027 145,000 38,000 24,763
0 4,076,000 16,924,274 4,803,940
38,000 85,000 160,000 501,740
425,000 32,678,656 25,026,997

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

!

5,178,917

!

0

!

27,013,954

$

485,785

$

32,678,656

0 0 24,541,212
485,785 25,026,997

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.............................

3.800,000

FRIDAY, JANUARY 15, 1993

249

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Retirement System Members........................................................$ Floor Fund for Local
Retirement Systems....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

3,404,588 320,500 26,650 3,200 944,361 315,500 63,014 320,000
3,200,000
600.000 9,197,813 3,800,000

Section 41. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................$
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....................................................................!

121.216.988 3,586,821 357,303 108,250 0 17,000 391,822 454,619 141,000 713,500 85,856,410 18,459,911 0 5,815,340 23,268,933 2,584,343 10.506.158
152,261,410 121,216,988

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,770,315 146.491.095 152,261,410

!

3,962,520

! 117,254.468

! 121,216,988

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................! For public roads and bridges and for other transportation activities.
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
Telecommunications.......................................................................!

420.204,091
223,456,977 58,998,174 1,555,799
820,368 5,187,002 5,088,058 1,307,274 2,406,075

250

JOURNAL OF THE HOUSE,

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....................................................................!

11,910,705 751,374,730
975,335 850,000 9,342,544 680,000
3,000,000 1,076,953,041
420,204,091

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 790,093,128

$ 228,575,142

$

8,689,580

$

22.499.387

$ 1,049,857,237

166,253,128 217,175,142
8,039,580 21.919.387 413,387,237

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 Planning and Construction Total

$

0

$

1,517,581

$

21,898,223

$

3,680,000

$

0

$

27,095,804

0 1,157,581
4,979,273
680,000 0
6,816,854

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Operating Expense/Payments to
Central State Hospital................................................................! Operating Expense/Payments to
Medical College of Georgia........................................................! Regular Operating Expenses
for Projects and Insurance.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

20,845,883 4,343,151
109,725 71,200
0 83,100 8,800 233,487 55,500 23,000
15,255,296
6,033,934
80,321 26,297,514 20,845,883

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance

$

4,856,463

4,652,480

FRIDAY, JANUARY 15, 1993

251

Veterans Home and Nursing Facility - Milledgeville
Veterans Nursing Home - Augusta
Total

$

15,326,196

$

6,114,855

$

26,297,514

11,805,918
4,387,485 20,845,883

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................$ Payments to State Treasury..........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,343,742 6,763,040
308,220 64,750
0 13,958 190,110 932,964 105,000 239,200 1,000,000 9,617,242 9,343,742

Section 45. 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) ............................................................$

312,420,349 68,310,000 380,730,349
6,307,710 0
6,307,710

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4 Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for

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the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Children and Youth Services.
Section 55. Provisions Relative to Section 16, 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 56. Provisions Relative to Section 17, 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.
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 57. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,653.98. In addition, all local school system allotments

FRIDAY, JANUARY 15, 1993

253

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 one-
eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each
anticipated member system to contribute at least the same equivalent amount during SFY 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 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 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 graduates 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.

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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 58. Provisions Relative to Section 20, Employees' Retirement System. 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 59. Provisions Relative to Section 21, 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 60. Provisions Relative to Section 23, 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 61. Provisions Relative to Section 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

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

FRIDAY, JANUARY 15, 1993

255

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.
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.
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 62. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for upgrading computer systems.
Section 63. Provisions Relative to Section 29, 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 64. Provisions Relative to Section 30, 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 employer 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 employer 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 65. Provisions Relative to Section 31, 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

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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 66. Provisions Relative to Section 32, 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 67. Provisions Relative to Section 35, 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.
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 68. Provisions Relative to Section 37, Secretary of State. Provided, 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 69. Provisions Relative to Section 41, 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 committed solely for Board Member Training.
Section 70. Provisions Relative to Section 42, 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 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.

FRIDAY, JANUARY 15, 1993

257

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 $481,697,237 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 71. 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 laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 72. 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 73. 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 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.

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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 74. 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 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 78. 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 79. (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 1993 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

FRIDAY, JANUARY 15, 1993

259

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 80. 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 81. 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 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed two hundred forty months.

Facilities for the Board of Regents
Deepening of the Savannah Harbor - Georgia Ports Authority (Industry, Trade and Tourism)
Public road, bridge or navigational facilities

Principal Amount
12,765,000
32,480,000

Debt Service
1,250,970
3,183,040

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for the Department of Transportation Public road and bridge facilities for the Department of Transportation

4,000,000 15,000,000

392,000 1,470,000

B.) Maturities not to exceed sixty months.

Planning and Design of Building for the State Department of Defense

$

50,000

$

11,700

Section 83. It is the intent of this General Assembly that the Georgia State Financing 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 1993....................................................................$ (Including $90,578,050 in Indigent Trust Fund)

8,251,716,454

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."

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

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 121, designating Representative Coleman of the 142nd as Chairman thereof:
The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 121 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown Y Buck

Y Buckner Bunn
Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter

Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Y Connell Y Coi Y Cravrford Y Crews Y Culbreth Y Cumroings Y Davis.G N Davis.M

FRIDAY, JANUARY 15, 1993

261

Y Dickinson Y Dix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover
Hammond Y Banner Y Harris,B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y JohnsonJD.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
N Joyce N Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord

Y Lucas Y Maddox N Mann Y Martin Y McBee Y McClinton
McKinney.B Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver Y O'Neal Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter

Y Poston Y Powell Y Purcell Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis
Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith.V Y Smith,W Y Smyre Y Snow Y Stancil.F

N Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 21st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Simpson 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.

By unanimous consent, HB 121 was ordered immediately transmitted to the Senate.

HB 109. By Representative Groover of the 125th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that in any criminal case in which an appeal is taken by the state the defendant shall have a right to cross appeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Ashe of the 46th, Smith of the 174th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.

The following amendment was read and lost:

262

JOURNAL OF THE HOUSE,

Representative Lane of the 55th moves to amend HB 125 as follows: On page 1 line 19 strike the number 150 and substitute the number 100.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HR 17. By Representatives Davis of the 48th, McKinney of the 51st and Brooks of the 54th:
A resolution to urge the members of the House of Representatives to refrain from smoking tobacco products while seated at their desks on the floor of the House chamber.

The following amendment was read:

Representative Bargeron of the 120th moves to amend HR 17 as follows: By changing the ninth word on line 15 from "rear" to front.

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

N Ashe Y Atkins N Bailey N Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates N Benefleld N Birdsong N Bordeaux
Bostick N Breedlove N Brooks,D N Brooks.T N Brown
Buck N Buckner N Bunn N Burkhaiter YByrd N Campbell N Canty N Carlisle Y Carrell N Carter Y Cauthorn N Chambless N Chandler Y Channell N Childers Y Clark Y Coker Y Coleman,B N Coleman.T

Colwell
N Connell NCox Y Crawford N Crews
Culbreth N Cummings N Davis.G Y Davis.M N Dickinson YDix
Y Dixon,H N Dixon,S Y Dobbs Y Dover YEhrhart YEpps N Evans Y Felton
Floyd,J.M Floyd,J.W YGodbee Y Golden Y Goodwin N Greene N Groover Hammond Manner Y Harris.B N Harris,M YHart Y Heard N Hegstrom
N Hembree N Henson Y Holland

N Holmes Y Howard N Hudson N Hughes N Hugley N James Y Jamieson Y Jenkins
Johnson,D.H
N JohnsontE N Johnson.G N Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
NLakly NLane.D
Y Lane,R N Lawrence N Lawson
NI.ee Y Lewis
YLord Lucas
N Maddox YMann N Martin N McBee Y McClinton
McKinney.B NMilam N Mills

N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller
N Oliver Y O'Neal
Y Orrock Y Padgett
YParham Y Parrish N Patten N Pelote N Perry N Pinholster YPoag NPolak Y Porter
N Poston N Powell N Purcell NRandall N Randolph
Ray N Reaves Y Reichert Y Roberts N Royal N Scoggins N Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 70, nays 91. The amendment was lost.

Y Smith.C Smith.L
N Smith,P N Smith.T N Smith.V Y Smith.W
Smyre YSnow N Stancil.F N Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Street N Taylor N Teague NTeper Y Thomas,C NTilbnan Y Titus Y Towery NTrense
Turnquest Twiggs Y Vaughan N Walker N Wall
N Watson N Watts N Westmorland N White N Williams.B Y Williams.R Y Yates N Yeargin
Murphy,Spkr

FRIDAY, JANUARY 15, 1993

263

The following amendment was read and lost:

Representatives Benefield of the 96th and Bailey of the 93rd move to amend HR 17 as follows:
Line 13 after the word smoking insert -
chewing of cigars and/or other non-smoking tobacco.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HR 17 as follows: Strike from lines 15 and 16: "to the rear of the chamber or".

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend HR 17 as follows:
By adding an additional sentence that reads:
Members are also urged to refrain from smoking in the Ante Room next to the restrooms.

The following amendment was read and adopted:

Representative Ladd of the 59th moves to amend HR 17 as follows: Line 13 after the word "smoking" add "while in committee meetings or".

By unanimous consent, further consideration of HR 17 was postponed until Monday morning, February 1, 1993, immediately following the period of unanimous consents.

HB 82. By Representatives Walker of the 141st, Coleman of the 142nd, Holmes of the 53rd, Murphy of the 18th, Lee of the 94th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers and telephone facsimile numbers, if applicable, to which responses and inquiries may be directed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, all Bills were ordered immediately transmitted to the Senate.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Public Safety and recommitted to the Committee on Governmental Affairs.

264

JOURNAL OF THE HOUSE,

HB 187. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Goodwin of the 79th, Stanley of the 50th, Tillman of the 173rd and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars.

The following Resolutions of the House were read and adopted:

HR 81. By Representative Stancil of the 91st: A resolution commending Heather Lynn Hardy.

HR 82. By Representatives Brooks of the 54th, Sinkfield of the 57th, Stanley of the 50th, McKinney of the 51st, Teague of the 58th and others:
A resolution commending Amy Shahan.

HR 83. By Representative Lane of the 55th: A resolution commending Amy Shahan.

HR 84. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A resolution commending the Thomas County Central High School football team.

HR 87. By Representatives Buckner of the 95th, Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A resolution commending Robert E. Keller.

Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 1, 1993.

MONDAY, FEBRUARY 1, 1993

265

Representative Hall, Atlanta, Georgia Monday, February 1, 1993

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:

Ashe Atkins Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks,D Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carlisle Carrell Carter Cauthom
Chambless Chandler Channell Childers Clark Coker Coleman,B Coleman.T

Colwell
Connell Cox Crawford Crews Culbreth Cummings Davis.G Davis,M Dickinson Dix Dixon.H
Diion.S Dobbs Dover Ehrhart Epps Evans Felton Floyd,J.M Floyd,J.W
Godbee Golden Greene Groover Hammond Hanner Harris.B Harris,M Hart Heard Hegstrom Hembree Henson

Holland Howard Hudson Hughes Hugley James Jamieson Johnson,D.H Johnson,E Johnson.G Johnson,J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lane,R Lawrence Lawson Lee Lewis Lord Maddox Mann Martin McBee McClinton McKinneyjB Milam Mills

Mobley.B Mobley.J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Patten Pelote Perry Pinholster Poag Polak Porter Poston Powell Purcell Randall Randolph
Ray Reaves Reichert Roberts Royal Scoggins Shanahan Sherrill Shipp Simpson Sinkfield

Skandalakis Skipper Smith.C Smith.L Smith,P Smith,T Smith,V Smith,W Stancil,F Stancil.S Stanley,? Stephenson Streat Taylor Teague Teper Thomas.C Tillman Titus Towery Trense
Twiggs
Vaughan
Wall
Watson
Watts
Westmorland
White
Williams.B
Williams.R
Yates Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Turnquest of the 73rd, Bailey of the 93rd, Goodwin of the 79th, Stanley of the 50th, Jenkins of the 110th, Smyre of the 136th, Walker of the 141st and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by Dr. Nelson Price, Pastor, Roswell Street Baptist Church, Marietta, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

266

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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 317. By Representative Chandler of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 318. By Representative Lane of the 55th:
A bill to amend Chapter 1 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions concerning criminal procedure, so as to provide that representatives of the news media shall be prohibited from broadcasting, televising, recording, or photographing court proceedings in a criminal trial involving certain sexual offenses unless the alleged victim or victims of the alleged criminal offense consent to such media coverage.
Referred to the Committee on Special Judiciary.

HB 319. By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit smoking in public buildings.
Referred to the Committee on Health & Ecology.

HB 320. By Representative Lane of the 55th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that the new license plates issued in 1995 shall bear figures, characters, symbols, or a combination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 1, 1993

267

HB 321. By Representative Randall of the 127th:
A bill to amend Code Section 40-11-15 of the Official Code of Georgia Annotated, relating to lien foreclosure procedure on abandoned motor vehicles, so as to raise the amount of the filing fee for the affidavit required under this Code section.
Referred to the Committee on Special Judiciary.

HB 322. By Representative Randall of the 127th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain cases shall be from the office of the Secretary of State; to provide for hearings in actions or proceedings required by the Department of Human Resources; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings shall be conducted as provided in Code Section 31-2-6.
Referred to the Committee on Health & Ecology.

HB 323. By Representative Randall of the 127th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia and related matters, so as to provide that certain persons employed by the Department of Technical and Adult Education may elect to transfer membership from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.

HB 324. By Representative Randall of the 127th:
A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relating to the licensing of used car dealers, so as to provide that pawnbrokers shall not be considered used motor vehicle dealers or used car dealers.
Referred to the Committee on Special Judiciary.

HB 325. By Representative Randall of the 127th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to necessity for commitment where bail has been tendered and accepted; to provide for a right to a commitment hearing and the waiver thereof.
Referred to the Committee on Special Judiciary.

HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition.
Referred to the Committee on Judiciary.

268

JOURNAL OF THE HOUSE,

HB 327. By Representative Reichert of the 126th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process.
Referred to the Committee on Judiciary.

HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal.
Referred to the Committee on Ways & Means.

HB 329. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 44-12-217 of the Official Code of Georgia Annotated, relating to sale or destruction of unclaimed property, so as to provide for the disposition of property having historical significance to this state.
Referred to the Committee on Ways & Means.

HB 330. By Representative Poag of the 6th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal specifically certain provisions relating to multiyear contracts of school systems, counties, and municipalities.
Referred to the Committee on Education.

HB 331. By Representative Poag of the 6th:
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 and primaries, so as to provide that United States senators and United States representatives from Georgia shall serve no more than 12 years in such offices.
Referred to the Committee on Governmental Affairs.

HB 332. By Representative Stancil of the 91st:
A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 1, 1993

269

HB 333. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons authorized access to child abuse records, so as to authorize school guidance counselors, school social workers, and school psychologists to review or obtain certain juvenile court and child abuse records regarding any students they are counseling and provide for conditions and penalties.
Referred to the Committee on Judiciary.

HB 334. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to provide for the dates of election of the members of the reconstituted board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representations regarding services.
Referred to the Committee on Health & Ecology.

HB 336. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that any entity which operates or manages a medical facility pursuant to a lease or contract with a hospital authority shall be subject to certain provisions of law relating to the inspection of public records.
Referred to the Committee on Health & Ecology.

HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of possession shall be issued after the expiration of ten days.
Referred to the Committee on Judiciary.

HB 338. By Representative Twiggs of the 8th:
A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

270

JOURNAL OF THE HOUSE,

HB 339. By Representative Burkhalter of the 41st:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care of indigent and elderly patients, so as to change the type of health care for which counties are financially liable.
Referred to the Committee on Health & Ecology.

HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th, Sherrill of the 62nd and Tillman of the 173rd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.
Referred to the Committee on Health & Ecology.

HB 341. By Representatives Carter of the 166th, Reaves of the 178th, Royal of the 164th, Purcell of the 147th, Groover of the 125th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".
Referred to the Committee on Agriculture & Consumer Affairs.

HB 342. By Representative Patten of the 176th:
A bill to fix the compensation of the clerk of the Superior Court of Echols County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 343. By Representatives Thomas of the 100th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide that sheriffs may hire their own legal counsel to defend all or specified civil, criminal, or quasi-criminal actions brought against such sheriff for actions arising out of the performance of such sheriffs duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, or statutory rights.
Referred to the Committee on Public Safety.

HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to superior court.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 1, 1993

271

HB 345. By Representatives Oliver of the 154th and Groover of the 125th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that a county attorney may serve as a municipal court judge in a municipal corporation of such county but may not practice as an attorney in such court or appear in any matter as to which such county attorney has exercised any jurisdiction as a judge.
Referred to the Committee on Judiciary.

HB 346. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to authorize a county or municipality under certain circumstances to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of promoting museums of aviation and aviation halls of fame.
Referred to the Committee on Ways & Means.

HB 347. By Representatives Padgett of the 119th, Williams of the 114th, Hart of the 116th, Brown of the 117th and Howard of the 118th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state sales and use tax, so as to provide that the term "retail sale" or "sale at retail" shall not include sales of electricity for chlor-alkali manufacturing processes after a specified period of time.
By unanimous consent, HB 347 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 348. By Representatives Joyce of the 1st, Mann of the 5th, Crews of the 78th, Mills of the 21st, Pinholster of the 15th and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions for dependents, so as to raise the exemption for each dependent of a taxpayer from $1,500.00 to $2,300.00.
Referred to the Committee on Ways & Means.

HB 349. By Representatives Parrish of the 144th, Coleman of the 142nd and Davis of the 48th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to the Committee on Appropriations.

272

JOURNAL OF THE HOUSE,

HB 350. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation in general, so as to provide that for certain purposes computer software shall constitute personal property only to the extent of the value of the storage medium.
Referred to the Committee on Ways & Means.
HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.
Referred to the Committee on Rules.
HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to provide that such special alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infraction as determined through a formal disciplinary process implemented by the department.
Referred to the Committee on State Institutions & Property.

HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to the approval of the Board of Corrections, and shall serve at the pleasure of the county or the board.
Referred to the Committee on State Institutions & Property.

HB 354. By Representative Stancil of the 16th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide for licenses to operate mobile barbershops.
Referred to the Committee on Health & Ecology.

HB 355. By Representatives Campbell of the 42nd, Burkhalter of the 41st, Skandalakis of the 45th and Trense of the 44th:
A bill to repeal a local constitutional amendment continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 20, 1986, authorizing Fulton County to issue general obligation bonds without a referendum election under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 1, 1993

273

HB 356. By Representatives Campbell of the 42nd, Stancil of the 16th, Yates of the 106th, Smith of the 174th, Johnston of the 81st and others:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 357. By Representatives Crews of the 78th, Barnes of the 33rd, Towery of the 30th, Watts of the 26th, Westmoreland of the 104th and others:
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 for duties of local boards of education and the State Board of Education with regard to sex education courses.
Referred to the Committee on Education.

HB 358. By Representatives Holland of the 157th and Taylor of the 134th:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that such persons may use accumulated sick leave for certain periods of absence while performing certain military duty.
Referred to the Committee on Defense & Veterans Affairs.

HB 359. By Representatives Holland of the 157th, Teper of the 61st and Poston of the 3rd:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to provide that community service shall include certain services performed for handicapped, disabled, or aged persons.
Referred to the Committee on Special Judiciary.

HB 360. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types of timber sold by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 361. By Representative Holland of the 157th:
A bill to amend Article 2 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of foreign wills, so as to provide that a duly certified foreign will probated in a foreign state may be recorded in the probate court of certain counties of this state and shall have the same effect as if probated in Georgia.
Referred to the Committee on Judiciary.

274

JOURNAL OF THE HOUSE,

HB 362. By Representatives Bates of the 179th, Lane of the 55th and Yeargin of the 90th:
A bill to revise comprehensively the authority of counties and municipal corporations relating to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, and tax payments, so as to remove an incorrect cross-reference.
Referred to the Committee on State Planning & Community Affairs.

HB 363. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to reconstitute the Board of Education of Catoosa County, Georgia, and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 364. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 365. By Representatives Royal of the 164th and Greene of the 158th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 366. By Representatives Holmes of the 53rd, Brooks of the 54th, Sinkfield of the 57th, Martin of the 47th, Orrock of the 56th and others:
A bill to amend Part 1 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to authorize the imposition of certain fees with respect to the manufacture, storage, productien, or utilization of certain hazardous chemicals.
Referred to the Committee on Natural Resources & Environment.

HB 367. By Representatives Holmes of the 53rd, Brooks of the 54th, Martin of the 47th, Orrock of the 56th and Stanley of the 50th:
A bill to amend Article 2 of Chapter 8 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide that state, local, and regional solid waste plans shall include mandated requirements for source reduction and recycling and for pollution prevention plans by solid waste generators.
Referred to the Committee on Natural Resources & Environment.

MONDAY, FEBRUARY 1, 1993

275

HB 368. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, Martin of the 47th, Orrock of the 56th and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for nondiscriminatory compliance with all environmental, health, and safety laws and assure equal protection of the public health.
Referred to the Committee on Natural Resources & Environment.

HB 369. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, Orrock of the 56th and Stanley of the 50th:
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 prohibit the sale, offering for sale, or giving to consumers a nonreturnable container or a beverage in a nonreturnable container.
Referred to the Committee on Natural Resources & Environment.

HB 370. By Representatives Felton of the 43rd, Walker of the 141st and Stancil of the 16th:
A bill to amend Article 7 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to precincts and polling places, so as to require that certain provisions of Georgia law regarding interfering with poll officers and buying or selling votes be prominently displayed at each polling place.
Referred to the Committee on Governmental Affairs.

HB 371. By Representative McKinney of the 51st:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners of such counties.
Referred to the Committee on State Planning & Community Affairs.

HB 372. By Representatives Chandler of the 99th, Walker of the 141st, Hughes of the 19th, Watson of the 139th and Powell of the 23rd:
A bill to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for mandatory drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours.
Referred to the Committee on Education.

HB 373. By Representatives Barnes of the 33rd, Cauthorn of the 35th and Cox of the 160th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to child support and alimony generally, so as to provide that the adultery or desertion of a party shall not automatically disqualify such party from receiving alimony.
Referred to the Committee on Judiciary.

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HB 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances.
Referred to the Committee on Health & Ecology.

HB 375. By Representatives Davis of the 48th, Randall of the 127th and Stanley of the 50th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide for the storage of the personal property of a tenant who is dispossessed.
Referred to the Committee on Special Judiciary.

HB 376. By Representatives Ladd of the 59th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
Referred to the Committee on Governmental Affairs.

HB 377. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the Superior Court of Mclntosh County.
Referred to the Committee on Judiciary.

HB 378. By Representative Barfoot of the 155th:
A bill to amend an Act providing for the election of members of the Board of Education of Toombs County, so as to provide for the nonpartisan nomination and election of members of the board of education of Toombs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 379. By Representative Williams of the 63rd:
A bill to amend Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the "Georgia Charitable Solicitations Act of 1988," so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00.
Referred to the Committee on Ways & Means.

HB 380. By Representatives Towery of the 30th, Johnson of the 153rd, Atkins of the 29th, Barnes of the 33rd and Coker of the 31st:
A bill to amend Article 3 of Chapter 5 of Title 4 of the Official Code of Georgia Annotated, relating to conditions of detention in correctional institutions, so as to provide that certain profits of institutional stores shall be distributed to the Georgia Crime Victims Emergency Fund and shall be used to supplement educational activities within such correctional institutions.
Referred to the Committee on State Institutions & Property.

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HB 381. By Representatives Klein of the 39th, Coker of the 31st and Clark of the 40th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change an exemption from licensing.
Referred to the Committee on Education.

HB 382. By Representative Poston of the 3rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to define certain terms; to prohibit certain persons who have been convicted of driving under the influence and related offenses involving driving under the influence from purchasing, consuming, or possessing alcohol; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for issuance of special licenses and permits.
Referred to the Committee on Motor Vehicles.

HB 383. By Representatives Williams of the 114th and Padgett of the 119th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to fraternal benefit societies.
Referred to the Committee on Insurance.

HB 384. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for withholding tax on certain distributions by partnerships, Subchapter "S" corporations, and limited liability companies to certain nonresidents.
Referred to the Committee on Ways & Means.

HB 385. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for liens.
Referred to the Committee on Ways & Means.

HB 386. By Representatives Watson of the 139th and Dixon of the 150th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel.
Referred to the Committee on Industry.

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HB 387. By Representatives Howard of the 118th, Hart of the 116th, McClinton of the 68th, Stanley of the 50th, Hugley of the 133rd and others:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance in general, so as to provide that public assistance shall not be distributed to any recipient who is eligible to register to vote but has not registered to vote.
Referred to the Committee on Governmental Affairs.

HB 388. By Representatives Sherrill of the 62nd, Davis of the 60th, Teper of the 61st, Henson of the 65th, Turnquest of the 73rd and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to alter powers of the mayor and council; to create the office of city manager and provide for the appointment, removal, compensation, and duties of the city manager; to provide for the appointment and removal of the offices of marshall, city clerk, and director of public works.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 389. By Representatives Sinkfield of the 57th, Smith of the 174th, Orrock of the 56th, Lucas of the 124th, Turnquest of the 73rd and others:
A bill to amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their rate of pay and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor.
Referred to the Committee on Industrial Relations.

HB 390. By Representatives Smith of the 174th and Johnson of the 153rd:
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 and related matters, so as to provide that during the pendency of a tax appeal, the taxpayer may pay and the tax commissioner or tax collector shall accept all or a portion of the taxes assessed, and the appeal shall not be prejudiced.
Referred to the Committee on Ways & Means.

HB 391. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier".
Referred to the Committee on Industry.

HB 392. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Walker of the 141st, Groover of the 125th and Watts of the 26th:
A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, so as to require certain public officers and lobbyists to attend ethics training courses.
Referred to the Committee on Rules.

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HB 393. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for a seventh member of the board of education, which member shall be appointed by the city council and shall serve until December 31, 1993.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 394. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Towery of the 30th and others:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education; to provide for other taxes that may be levied by the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 395. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Bostick of the 165th and Thomas of the 100th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to add a new Article 2A, relating to leases; to provide for a short title; to provide for scope.
Referred to the Committee on Judiciary.

HB 396. By Representative Lawson of the 20th:
A bill to amend Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to returns of elections and primaries, so as to replace the clerk of superior court with the county records manager or the office or officer under the jurisdicition of a governing body which maintains or is responsible for records.
Referred to the Committee on Governmental Affairs.

HB 397. By Representatives Coleman of the 142nd and Streat of the 167th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers.
Referred to the Committee on Public Safety.

HB 398. By Representatives Coleman of the 142nd, Walker of the 141st, Coleman of the 80th, Parrish of the 144th, Watson of the 139th and others:
A bill to amend Code Section 48-6-21 of the Official Code of Georgia Annotated, relating to the classification of intangible personal property, so as to provide that computer software shall be classified as intangible personal property for the purpose of ad valorem taxation.
Referred to the Committee on Ways & Means.

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HB 399. By Representatives Smith of the 169th and Mosley of the 171st: A bill to provide a new charter for the City of Blackshear.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd:
A bill to amend Code Section 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
Referred to the Committee on Health & Ecology.

HB 401. By Representatives Towery of the 30th, Johnson of the 153rd, Ehrhart of the 36th and Brooks of the 103rd:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking.
Referred to the Committee on Judiciary.

HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.
Referred to the Committee on Judiciary.

HB 403. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
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 repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties.
Referred to the Committee on Judiciary.

HB 404. By Representative Goodwin of the 79th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to vehicle transfers to or from a dealer, so as to provide for uniform procedures for dealers with respect to certain vehicle and title transfers.
Referred to the Committee on Motor Vehicles.

HB 405. By Representative Goodwin of the 79th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain education personnel so as to prohibit the employment of substitute teachers who do not have a bachelor's degree.
Referred to the Committee on Education.

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281

HB 406. By Representatives Shipp of the 38th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th, Barnes of the 33rd and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 407. By Representative Goodwin of the 79th:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to specify the time when certain writs of possession shall be issued; to change the time period in which certain appeals may be filed.
Referred to the Committee on Special Judiciary.

HB 408. By Representative Childers of the 13th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to change the provisions relating to applications for examination.
Referred to the Committee on Health & Ecology.

HB 409. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relating to temporary licenses to practice as a dental hygienist.
Referred to the Committee on Health & Ecology.

HB 410. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-9 of the Official Code of Georgia Annotated, relating to examinations for licensing as hearing aid dispenser, so as to change the provisions relating to applications for examination.
Referred to the Committee on Health & Ecology.

HB 411. By Representative Epps of the 131st:
A bill to amend an Act creating a new charter for the Town of Moreland, so as to provide for two-year terms of office for the mayor and board of aldermen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 412. By Representatives Polak of the 67th, McClinton of the 68th, Mobley of the 69th, Hegstrom of the 66th, Baker of the 70th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to change the composition of election districts from which city commissioners are elected; to reconstitute the Board of Education of the City of Decatur and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

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HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.
Referred to the Committee on Transportation.

HR 89. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for limitations upon the expenditure of certain public funds and for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 90. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 3 percent, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleraan of the 142nd, Royal of the 164th, Harris of the 112th and others:
A resolution re-creating the Joint Study Commission on Revenue Structure.
Referred to the Committee on Rules.

HR 92. By Representative Joyce of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 93. By Representatives Hughes of the 19th, Hanner of the 159th, Greene of the 158th, Cox of the 160th, Bates of the 179th and others:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not have the authority to grant parole to any person who is convicted of murder and whose sentence of death is commuted to life imprisonment.
Referred to the Committee on Judiciary.

HR 94. By Representatives Pinholster of the 15th, Stancil of the 16th, Lawrence of the 64th, Harris of the 17th, Evans of the 28th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governor to reduce any appropriation.
Referred to the Committee on Appropriations.

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283

HR 95. By Representatives Stancil of the 16th, Williams of the 63rd, Ashe of the 46th, Kaye of the 37th, Felton of the 43rd and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 96. By Representative Royal of the 164th: A resolution compensating Ms. Nina Wilson.
Referred to the Committee on Appropriations.

HR 97. By Representatives Poston of the 3rd, Porter of the 143rd, Dobbs of the 92nd, Holland of the 157th, Teper of the 61st and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 102. By Representatives Hammond of the 32nd, Watts of the 26th, Groover of the 125th, Cauthorn of the 35th and Walker of the 141st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, judicial, or executive branches of government.
Referred to the Committee on Rules.

HR 103. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
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 Appropriations.

HR 104. By Representatives Klein of the 39th, Kaye of the 37th, Clark of the 40th, Lakly of the 105th and Westmoreland of the 104th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution.
Referred to the Committee on Rules.

HR 116. By Representatives Dover of the 9th, Channell of the lllth, Royal of the 164th, Skipper of the 137th, Harris of the 112th and others:
A resolution proposing an amendment to the Constitution so as to provide for other sources of revenue for local school systems by authorizing the levy of an educational enrichment tax for educational purposes.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE,

HR 117. By Representatives Buck of the 135th, Lee of the 94th and Parrish of the 144th:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.
Referred to the Committee on Rules.

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

HB 242
HB 243 HB 244
HB 245 HB 246 HB 247 HB 248
HB 249 HB 250 HB 251
HB 252 HB 253 HB 254
HB 255 HB 256
HB 257 HB 258
HB 259 HB 260 HB 261
HB 262 HB 263 HB 264
HB 265 HB 266 HB 267
HB 268 HB 269 HB 270 HB 271 HB 272
HB 273 HB 274
HB 275
HB 276 HB 277 HB 278
HB 279 HB 280 HB 281

HB 282
HB 283 HB 284
HB 285 HB 286 HB 287 HB 288
HB 289 HB 290 HB 291
HB 292 HB 293 HB 294
HB 295 HB 296
HB 297 HB 298
HB 299 HB 300 HB 301
HB 302 HB 303 HB 304
HB 305 HB 306 HB 307
HB 308 HB 309 HB 310 HB 311 HB 312
HB 313 HB 314
HB 315
HB 316 HR 78 HR 79
HR 80 HR 85 HR 86

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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285

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 103 Do Pass, by Substitute HB 216 Do Pass

HB 217 Do Pass SB 21 Do Pass

Respectfully submitted, /a/ Lane of the 55th
Chairman

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

HB 216. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a system of public schools in the City of Jefferson, so as to reconstitute the board of education of the independent school system of the City of Jefferson and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 217. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to provide for council districts and for the election therefrom of members of the council 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 21. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclusions; 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 103. By Representatives Greene of the 158th and Cox of the 160th:
A bill to reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The following Committee substitute was read and adopted:

A BILL
To reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members; to provide for the chairperson of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the school superintendent and provide for the appointment of successors thereto and terms of employment thereof; to provide that the school superintendent will be subject to certain laws; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Early County which was appointed and which existed on December 31, 1992, is continued in existence but on and after January 1, 1994, shall be constituted as provided in this Act. The Board of Education of Early County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Early County as existed immediately prior to January 1, 1994, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act.
Section 2. (a) Those members of the Board of Education of Early County who are serving as such on December 31, 1992, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1993. On and after January 1, 1994, the Board of Education of Early County shall consist of five members, all of whom shall be elected from education districts described in subsection (b) of this section.
(b) For purposes of electing members of the board of education other than the chairperson, the Early County School District is divided into five education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Early County School District:
Education District: 1
EARLY COUNTY VTD: 0003 CEDAR SPRINGS VTD: 0006 HILTON VTD: 0007 JAKIN VTD: 0011 LUCILLE
Education District: 2
EARLY COUNTY VTD: 0001 ARLINGTON (Part) Tract: 9901.98 Block(s): 102B, 103B, 104, 105, 106A, 106B, 107, 108A, 108B, 109, 110A, HOB, 111, 112, 116A, 116B, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130,

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131, 132, 133A, 133B, 134, 135, 136, 137, 138, 139, 140B, 140C, 141B, 142B, 143B, 144B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 165, 167, 181, 182, 183, 184, 185, 186 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): 172, 173, 174, 175 Tract: 9904. Block(s): 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 107, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 127B, 131, 132, 146A, 170, 213 VTD: 0005 DAMASCUS
Education District: 3
EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 176A, 176B, 177, 178, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 333, 334, 335, 336, 337, 339, 340, 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 Tract: 9904. Block(s): 108, 109, 110, 111, 114, 115, 116, 117, 118
Education District: 4
EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9902. Block(s): 218A, 219, 330A, 332, 338, 341, 342, 343, 344, 345 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, 204A, 204B, 205, 209, 210, 211, 212A, 212B, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 252, 253, 254 VTD: 0008 COLOMOKEE VTD: 0009 URQUHART VTD: 0010 FREEMAN
Education District: 5
EARLY COUNTY VTD: 0001 ARLINGTON (Part) Tract: 9901.98 Block(s): 164, 168, 169, 170, 171, 174 VTD: 0002 BLAKELY (Part) Tract: 9901.98 Block(s): 179 Tract: 9903. Block(s): 201, 202, 203, 206, 207, 208 Tract: 9904. Block(s): 101, 112, 113, 135, 136, 137, 169, 171, 201, 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, 311B, 312A, 313, 314 VTD: 0004 CUBA

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(c) For purposes of subsection (b) 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 Early County School District which is not included in any education district described in subsection (b) of 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 Early County School District which is described in subsection (b) of 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 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district for at least six months prior to election thereto, must have a high school diploma or its equivalent, and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.

Section 4. (a) The first members of the reconstituted Board of Education of Early
County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993, or November 2, 1993. Those members of the board elected thereto from Education Districts 1 and 3 in 1993 shall take office the
first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1994, and upon the election and qualification of their respective successors. Those members of the board elected thereto from Education Districts 2, 4, and 5 in 1993 shall take office the first day of January immediately following
that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future
successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for
terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.

MONDAY, FEBRUARY 1, 1993

289

(b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A.
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A.
Section 6. Members of the Board of Education of Early County shall be compensated as provided in Code Section 20-2-55 of the O.C.G.A. in the amount of $50.00 per meeting attended and shall be reimbursed for actual expenses necessarily incurred.
Section 7. The chairperson of the board shall be selected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A.
Section 8. (a) The elected school superintendent of the Early County School District who is in office on January 1, 1993, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office and shall be replaced by an appointee of the board of education at the expiration of such term. In the event of a vacancy occurring in that office prior to the expiration of such term, that vacancy shall be filled as provided in Code Section 20-2-107 of the O.C.G.A.
(b) Upon the expiration of the term of the elected school superintendent as provided in subsection (a) of this section, the board of education shall appoint the school superintendent. In order to be appointed by the board as school superintendent, such person must reside in the school district during such appointment, hold a five-year degree from a regionally accredited college or university, have not less than three years' actual teaching or educational administration experience, shall be of good moral character, shall never have been convicted of any crime involving moral turpitude, shall possess the minimum valid Fifth Year Leadership Certificate issued by the Professional Standards Commission, and shall have such other qualifications as the board may require. The board may provide that the school superintendent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term of four years or less.
(c) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents.
Section 9. 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 Early County to submit this Act for approval pursuant to said federal Voting Rights Act of 1965.
Section 10. This section and Section 9 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Early County in 1993 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1,1994.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Teague of the 58th would like to be recorded as voting "nay" on HB 103.

290

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Committee on the University System of Georgia and referred to the Committee on Judiciary.

HB 190. By Representatives Evans of the 28th and Groover of the 125th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.

By unanimous consent, HR 61, which was previously postponed until today, was postponed until tomorrow.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 98. By Representative Simpson of the 101st:
A resolution commending the Bowdon High School football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

HR 99. By Representative Parrish of the 144th:
A resolution commending the Johnson County High School Trojans football team and inviting them to appear before the House of Representatives.

HR 100. By Representatives Golden of the 177th, Reaves of the 178th, Patten of the 176th and O'Neal of the 75th:
A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team and inviting Coach Hyder and members of the team to appear and be recognized before the House of Representative.

HR 101. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Buck of the 135th:
A resolution commending Dr. Fred Davison and inviting him to appear and be recognized before the House of Representatives.

Under the general order of business, the following Resolution of the House was again taken up for consideration:

HR 17. By Representatives Davis of the 48th, McKinney of the 51st and Brooks of the 54th:
A resolution to urge the members of the House of Representatives to refrain from smoking tobacco products while seated at their desks on the floor of the House chamber.

The following substitute, offered by Representative Childers of the 13th, et al. was read:

A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes.

MONDAY, FEBRUARY 1, 1993

291

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the rules of the House of Representatives are amended by adding at the end of Rule 13 a new para-
graph to read as follows: "There shall be no smoking in the House of Representatives chamber or in the House
anteroom on the north side of the House chamber while the House is in session. There shall be no smoking in the restrooms on the North side of the House chamber while the
House is in session."

The following amendment was read and ruled out of order:

Representative Ladd of the 59th moves to amend the Floor substitute to HR 17 as follows:
Line 10 after the word "session" insert the words ", or in any committee or subcommittee meeting of the House."

The Floor substitute was ruled out of order.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D Brooks,T Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDix N Dixon,H Y Dixon,S YDobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond N Manner Y Harris,B Y Harris,M YHart Y Heard N Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E
Y Johnson.G Y Johnson^T Y Jobnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin YMcBee Y McClinton Y McKinney,B NMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller N Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag
Polak
Y Porter YPoston Y Powell Y Purcell YRandall
Y Randolph Ray
Y Reaves Y Reichert
N Roberts Royal
Y Scoggins Y Shanahan Y Sherrill
YShipp Y Simpson N Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,P Y Stephenson N Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Tumquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y William8,R Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, as amended, the ayes were 158, nays 10.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

292

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 144. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brook9,D
Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Colwell Y Connell YCoi Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDii
Y DUon,H Y Dixon.S Y Dobbs Y Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M
Ployd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E
Y Johnson.G Y Johnson.J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney.B
YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag
Polak
Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
YScoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith.V Y Smith.W YSmyre YSnow Y StanciI,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tilhnan Y Titus Y Towery YTrense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Watson Y Watts Y Westmorland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,3pkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 145. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.

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

MONDAY, FEBRUARY 1, 1993

293

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

Y Aahe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D Brooks.T
Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Colwell Y Connell YCoi Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Y Dickinson YDix Y Dixon.H Y DuH>n,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W YGodbee Y Golden YGoodwin
Y Greene Y Groover Y Hammond Y Banner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane,D
Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Martin Y McBee
McClinton Y McKinney,B YMilam YMiUs

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith.V
Y Smith,W Y Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley.L
Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker
Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 146. By Representatives Thomas of the 100th, Bostick of the 165th, Hammond of the 32nd, Walker of the 141st and Chambless of the 163rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical,^ stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks,!)
Brooks.T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman,T
Colwell Y Connell YCox

Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart

YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W
YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B

294

JOURNAL OF THE HOUSE,

Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd YLakly Y Lane.D Y Lane,R Y Lawrence YLawson YLee Y Lewis
Lord Y Lucas Y Maddoi YMann Y Martin Y McBee Y McClinton Y McKinney,B
Milam Y Mills Y Mobley.B Y Mobley,J Y Moore

Y Mosley Y Muellei Y Oliver
O'Neal YOrrock Y Padgett YParham YParrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
YRandall Y Randolph
Ray Y Reaves Y Reichert

Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C
Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W YSmyre
Snow
Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,P Y Stephenson

Y Streat Y Taylor YTeague YTeper Y Thomas,C Y Tilhnan Y Titus Y Towery YTrense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y WiUiam8,B Y Williams.R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 105. By Representatives Mills of the 21st, Lawrence of the 64th, Crews of the 78th, Lawson of the 20th and Hughes of the 19th:
A resolution commending the participants in the World Vision 30 Hour Famine Program.

HR 106. By Representatives Kaye of the 37th, Groover of the 125th and Reichert of the 126th:
A resolution to express sympathy at the passing of Mr. Isadore "Sport" Torch; to recognize the life, legacy, and contributions of Mr. Torch.

HR 107. By Representative Mann of the 5th: A resolution commending Cheryl Mann Stockelmann.

HR 108. By Representative Smith of the 109th: A resolution commending and congratulating Sheriff Billy Leverette.

HR 109. By Representative McKinney of the 51st: A resolution recognizing Patricia C. Jones.

HR 110. By Representative Channell of the lllth: A resolution celebrating the birth of Caroline Hart Bryant.

HR 111. By Representative O'Neal of the 75th: A resolution commending and recognizing the Reverend Carl Smith.

MONDAY, FEBRUARY 1, 1993

295

HR 112. By Representative Lane of the 55th:
A resolution recognizing the month of May, 1993, as "Motorcycle Awareness and You Month" in Georgia and for other purposes.

HR 113. By Representative Streat of the 167th: A resolution commending H. L. Holloway.

HR 114. By Representative Connell of the 115th: A resolution recognizing Dr. Louis L. Battey.

HR 115. By Representative O'Neal of the 75th: A resolution commending Honorable J. T. Chambers.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

The following communications were received:

House of Representatives Atlanta, Georgia
January 27,1993
Honorable JoAnn McClinton Representative, District 68 132 East Lake Drive, S.E. Atlanta, Georgia 30317
Dear Representative McClinton:
I am this date appointing you to serve on the Metro Atlanta Rapid Transit Overview Committee (MARTOC).
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM/ku
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Frank Eldridge, Secretary of Senate Mr. Robert E. Rivers, Jr., Clerk of the House Mr. Keith Mason, Executive Secretary Mr. Sewell R. Brumby, Legislative Counsel House Information Office House Research Office

House of Representatives Atlanta, Georgia
January 27,1993

296

JOURNAL OF THE HOUSE,

Honorable Vernon Jones Representative, District 71 509 Legislative Office Building Atlanta, Georgia 30334
Dear Vernon:
I am this date appointing you to the Special Judiciary Committee and removing you from the Defense and Veterans Affairs Committee.
Sincerely, /a/ Thomas B. Murphy
Speaker
TBM/ku
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Frank Eldridge, Secretary of Senate Mr. Robert E. Rivers, Jr., Clerk of the House Mr. Keith Mason, Executive Secretary Mr. Sewell R. Brumby, Legislative Counsel House Information Office House Research Office Representative Ken Birdsong Representative Billy Randall

Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 50 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:

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

HB 168 Do Pass HB 294 Do Pass

HB 299 Do Pass HB 306 Do Pass

Respectfully submitted,
/s/ Sinkfield of the 57th Chairman

MONDAY, FEBRUARY 1, 1993

297

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 239 Do Pass HB 316 Do Pass HB 234 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 2 Do Pass HR 64 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Walker of the 141st 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.

298

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 2, 1993

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 Steven M. Croft, Pastor, Alapaha and Glory United Methodist Churches.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 413. By Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th and Randall of the 127th: A bill to amend an Act creating the office of assistant solicitor of the State Court of Bibb County, so as to provide for an additional assistant solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 414. By Representative Hudson of the 156th: A bill to reconstitute the Board of Education of Irwin County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 2, 1993

299

HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
Referred to the Committee on Special Judiciary.

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

HB 317 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327 HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361

HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HB 406

300

JOURNAL OF THE HOUSE,

HB 407 HB 408 HB 409
HB 410 HB 411 HB 412
HR 88 HR 89
HR 90 HR 91

HR 92 HR 93 HR 94
HR 95 HR 96 HR 102
HR 103 HR 104
HR 116 HR 117

Representative Lane of the 55th 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 289 Do Pass SB 22 Do Pass SB 23 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 289. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

SB 22. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; 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 stand 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 120, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 2, 1993

301

SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairperson of the board of elections.

The following Committee substitute was read and adopted:

A BILL
To create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairperson of the board of elections; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board of elections; to provide for an executive director and the powers and duties of such executive director; to provide for board of elections employees and their compensation; to provide for compensation of the members of the board of elections and the executive director; to provide for offices and equipment; to provide for the board of elections' performance of certain functions and duties for certain municipalities; to provide for the employment of legal counsel for the board under certain circumstances; to provide for the meaning of certain terms; to provide for submission of this Act to the United States Attorney General; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is created in Columbia County, Georgia, a board of elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in Columbia County, Georgia.
Section 2. (a) The board of elections in Columbia County shall be composed of three members, each of whom shall be an elector and resident of Columbia County.
(b) One member of the board of elections shall be a member of the political party which received the highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of the member, and such member shall be appointed by the executive committee of such political party. One member of the board of elections shall be a member of the political party which received the second highest number of votes within the county for its candidate for President of the United States in the general election immediately preceding the appointment of such member, and such member shall be appointed by the executive committee of such political party.
(c) (1) The third member of the board shall be appointed by the two political party members provided for in subsection (b) of this section. However, if the two political party members are unable to agree upon a person to be appointed to serve as such third member within a period of 21 days following their appointment or following a vacancy thereafter, then such two political party members shall immediately vacate their positions and new appointments to said positions shall be made by said party executive committees. Such procedure of reappointment by the party executive committees shall recommence and continue until such time as their two appointees agree on a third appointee within 21 days as provided for in this section, except as otherwise provided in paragraph (2) of this subsection.
(2) If the two political party members are for a third successive time unable to agree within such 21 day period, then: (A) mechanism of reappointment by the party executive committees shall cease; (B) the two members in office shall remain in office; and (C) the third member of the board shall be appointed by the probate judge of Columbia County.

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(d) The initial appointments made under this section shall be for terms of office beginning July 1, 1993; and subsequent terms of office shall likewise begin on July 1 of the appropriate year. The initial appointment under this section of the third member of the board of elections shall be for two years and the initial appointment under this section of the two political party members shall be for four years. Thereafter, all appointments shall be for terms of four years and until their successors are duly appointed.
(e) A chairperson who shall be a member of the board of elections shall be elected annually by the board to serve for a term of one year. The chairperson shall be eligible to succeed himself or herself for one term only.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
Section 4. The appointment of each political party member, in the case of an appointment other than an appointment to fill a vacancy resulting from a failure to agree on a third member, shall be made by the respective appointing authority filing an affidavit with the clerk of the Superior Court of Columbia County no earlier than 60 days and no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. In the case of an appointment made to fill a political party member vacancy resulting from a failure to agree on the third member of the board, the appointment shall be so certified not later than the tenth day following the date of the vacancy and shall take effect on such tenth day. The appointment of each member who is not a political party member shall likewise be certified to the clerk by the two political party members. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board of elections shall be eligible to succeed himself or herself for one term and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the superior court and shall be subject to removal from the board of elections at any time for cause after notice and hearing in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any member before the expiration of his or her term by removal, death, resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. Before entering upon his or her duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest as registrars.
Section 8. Each board of elections shall: (1) With regard to the preparation for conduct and administration of primaries
and elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, and any other provision of law;
(2) With regard to the registration of electors, succeed to and exercise all of the powers, duties, and responsibilities granted to and incumbent upon a board of registrars pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, or any other provision of law.

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303

Section 9. (a) The board of elections shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board of elections by the county executive committee of each political party.
(b) (1) The board of elections shall be authorized to employ necessary employees to assist the board of elections in carrying out its duties and functions as provided in this Act. The board of elections is authorized the same number of staff positions and the same level of funding for such positions as were in effect for the prior board of elections on January 1, 1993, without any necessity of approval from the Board of Commissioners of Columbia County.
(2) Prior to the creation of any additional positions of employment or additional staff funding, the board of elections shall receive approval from the Board of Commissioners of Columbia County for such positions or staff funding. (c) There is created the position of a full-time executive director who shall be appointed by the board of elections as one of the staff positions authorized under paragraph (1) of subsection (b) of this section. The executive director shall have supervisory duties and shall carry out the policies of the board of elections and the requirements of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." The executive director shall conduct voter registration drives throughout the county at least once within the 18 month period following each general election. The executive director shall also establish not less than two permanent facilities for registration of electors. The executive director shall establish staff personnel rules and policies which are generally consistent with those in effect for employees of the Columbia County governing authority.
Section 10. As of July 1, 1993, any prior board of elections of Columbia County (if in existence on that date), the judge of the Probate Court of Columbia County, and any board of registrars of Columbia County shall be relieved from all powers and duties to which the board of elections as created in this Act shall succeed by the provisions of this Act; and they shall deliver thereafter to the board of elections the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 11. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction.
Section 12. Except as otherwise provided in Section 9 of this Act, compensation for the members of the board of elections, the executive director, clerical assistants, and other employees of the board of elections shall be such as may be fixed by the governing authority of the county. Such compensation and operating expenses required by the office of the board of elections shall be paid wholly from county funds. The governing authority of the county shall provide the board of elections with proper and suitable offices. The governing authority of the county shall further provide the board of elections with funding sufficient for the employment of clerical assistance and other employees as may be necessary for the effective functioning of the board of elections and completion of its duties as provided in this Act.
Section 13. The board of elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Any income from this activity shall be delivered to the county governing authority.
Section 14. The board of elections shall have the authority to engage the services of legal counsel, by contract or otherwise, to represent the interests of the board of elections in any matter with respect to which legal counsel for the board of elections is not provided by the county governing authority; and the board of elections is authorized to

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order the payment of fees, compensation, and expenses therefor from the general fund of the county treasury.
Section 15. The words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., as amended, unless otherwise clearly apparent from the text of this Act.
Section 16. 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 Columbia County to submit this Act to the United States Attorney General for approval.
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 120, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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

SB 78. By Senator Hill of the 4th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to change the corporate limits of the city; to provide for a referendum; to provide for conditions for automatic repeal.

HB 127. By Representative Channel! of the lllth:
A bill to reconstitute the Board of Education of Taliaferro County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 129. By Representative Channell of the lllth:
A bill to amend an Act providing a new charter for the City of Greensboro, so as to revise the punishment which may be imposed by the recorder's court for offenses within its jurisdiction.

HB 135. By Representative Johnson of the 84th:
A bill to amend an Act incorporating the City of Grayson, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.

TUESDAY, FEBRUARY 2, 1993

'

305

HB 155. By Representative Stencil of the 91st:
A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected.

HB 156. By Representative Stencil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected.

HB 157. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.

HB 159. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to reconstitute the Board of Education of Warren County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

SB 6. By Senators Garner of the 30th, Oliver of the 42nd, Walker of the 22nd and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain equipment required on motor vehicles operated in Georgia, so as to provide that the driver of a motor vehicle transporting a child under the age of 16 years shall ensure that such child properly uses an approved restraining device; to provide an effective date.

SB 7. By Senators Garner of the 30th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases.

SB 29. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, so as to provide that positions of employment in said office shall be in the unclassified service of the state merit system of personnel administration; to amend Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing.

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

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SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and others:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 6. By Senators Garner of the 30th, Oliver of the 42nd, Walker of the 22nd and others:
A bill to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to .certain equipment required on motor vehicles operated in Georgia, so as to provide that the driver of a motor vehicle transporting a child under the age of 16 years shall ensure that such child properly uses an approved restraining device; to provide an effective date.
Referred to the Committee on Motor Vehicles.
SB 7. By Senators Garner of the 30th, Oliver of the 42nd, Thompson of the 33rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases.
Referred to the Committee on Motor Vehicles.
SB 29. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, so as to provide that positions of employment in said office shall be in the unclassified service of the state merit system of personnel administration; to amend Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing.
Referred to the Committee on Appropriations.
SB 78. By Senator Hill of the 4th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to change the corporate limits of the city; to provide for a referendum; to provide for conditions for automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and others:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 2, 1993

307

Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 63 Do Pass, as Amended HB 76 Do Pass, as Amended HB 124 Do Pass, as Amended
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 142 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Turnquest of the 73rd was excused this date due to a family emergency.

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

HR 61. By Representatives Watts of the 26th, Chambless of the 163rd, Lee of the 94th, Smith of the 174th, Byrd of the 170th, Parrish of the 144th, Groover of the 125th, Baker of the 70th, Walker of the 141st, and Hudson of the 156th:
A resolution amending the Rules of the House of Representatives.

The following substitute offered by Representatives Chambless of the 163rd and Lee of the 94th was read:

A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are amended by adding at the end thereof the following new heading and Rules 164 through 171:
"ETHICS COMMITTEE
Rule 164. The Committee on Ethics shall have the following powers and duties:

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(1) To investigate and hold hearings with respect to any allegation of unethical or improper conduct on the part of any member of the House of Representatives or any employee of the House of Representatives. Such investigations and hearings may be initiated by the committee upon the complaint of any member of the House of Representatives or any employee of the House of Representatives. Any such complaint shall be in writing and the complainant shall sign the complaint under oath that the allegations of the complaint are true and correct to the best of the complainant's knowledge and belief. Any such complaint may be presented by the complainant to any member of the committee. The member receiving a complaint shall transmit it to the chairperson of the committee, unless the complaint calls into question the conduct of the chairperson in which case it shall be transmitted to the appropriate officer to appoint a replacement for the chairperson, as provided for in Rule 169;
(2) To hold hearings upon and report to the full House with respect to any resolution calling for the punishment of a member of the House for disorderly behavior or misconduct, as provided for in Article III, Section IV, Paragraph VII of the Constitution; and upon its introduction any such resolution shall be referred to the Committee on Ethics;
(3) To cause to be introduced a resolution calling for the punishment of a member of the House for disorderly behavior or misconduct in any case in which no such resolution has previously been introduced and an investigation by the committee has resulted in a finding of probable cause that such disorderly behavior or misconduct has occurred;
(4) To report to the appropriate law enforcement agency in any case in which an investigation by the committee has resulted in a finding of probable cause to believe that a criminal offense has been committed;
(5) To report to the Speaker of the House, the Clerk of the House, the Legislative Services Committee, or any other officer or agency of the General Assembly in any case in which an investigation by the committee has resulted in a finding of probable cause to believe that disciplinary action should be instituted against an employee of such officer, committee, or agency; and
(6) To issue advisory opinions with respect to ethical and proper conduct on the part of members and employees of the House of Representatives.
Any of the actions provided for in this rule shall be taken only by the affirmative vote of at least eight members of the committee. Any other action of the committee may be taken by vote of a majority of a quorum of the committee. The chairperson may vote on any matter coming before the committee
Rule 165. The Committee on Ethics shall be composed of a chairperson who shall be appointed by the Speaker of the House; the Speaker Pro Tempore; the Majority Leader; the Majority Whip; the Majority Caucus Chairperson; the Majority Caucus Secretary; the chairperson of the Committee on Judiciary; the Minority Leader; the Minority Whip; the Minority Caucus Chairperson; and the Minority Caucus Secretary. Membership on the committee shall be disregarded in determining the number of other committees upon which a member may be appointed to serve under Rule 6.
Rule 166. The Committee on Ethics is deemed to simply be a committee of the House, and neither it nor any staff or material in its possession shall be deemed to be a public office or records of a public office; provided, however, the committee may by rule provide for the release of information or documents received by it in the course of the performance of its duties and, when so released, such shall be deemed to be a report of its proceedings. This committee is created and shall be construed to function in furtherance of the power conferred upon the House by Article III, Section IV, Paragraph VII of the Constitution of this state.
Rule 167. The committee is authorized to provide its rules of procedure, including a determination on a case-by-case basis of when its meetings shall be open to the public. Such determination shall be made on the basis of balancing the need for openness in government with the need to preserve confidential sources of information, the need to protect the privacy rights of parties or witnesses, the need to secure the integrity of the committee's investigation, or any other compelling need for confidentiality. This portion

TUESDAY, FEBRUARY 2, 1993

309

of this rule and any rule of the committee made pursuant to the authority herein granted shall be deemed a rule of the House as authorized by Article III, Section IV, Paragraph XI of the Constitution of this state. Members and staff of the House shall have an affirmative duty to protect the confidentiality of proceedings and material designated as confidential by the committee. The committee may in its proceedings require the attendance and testimony of witnesses and the production of documents and materials.
Rule 168. Any member of the House or other person who is the subject of a complaint to or investigation by the committee shall have the following rights in all proceedings of the committee: (1) the right to full and adequate notice of the charges against such person and the time and place of all proceedings to be conducted thereon; (2) the right to representation by counsel; (3) the right to cross-examine the witnesses called by the committee; (4) the right to present witnesses and evidence; and (5) upon request, the right to require, through the same process used by the committee, the attendance of witnesses and the production of documents and materials. The manner of securing such rights shall be as determined by the committee.
Rule 169. In any matter which calls into question the conduct of any officer or member of the committee, such officer or member shall recuse himself or herself from the proceedings of the committee and a replacement for such officer or member shall be appointed by the Speaker of the House, unless the conduct of the Speaker is also called into question. If the conduct of the Speaker is also called into question, any replacement officer or member shall be appointed by the Clerk of the House, unless the conduct of the Clerk is also called into question. If the conduct of both the Speaker and the Clerk is called into question, any replacement officer or member shall be appointed by a majority of those chairpersons of standing committees whose conduct is not called into question in the matter. Any replacement officer or member of the committee shall be of the same political party as the officer or member to be replaced.
Rule 170. These rules shall not be retroactive to matters occurring prior to their adoption. Otherwise, the Committee on Ethics shall not have jurisdiction to investigate or act upon conduct occurring prior to the then present or next most recent term. Term shall mean the two-year term served by members of the House.
Rule 171. Members and employees of the House shall conform to the following standards of ethical and proper conduct. Such standards shall not be exclusive of other lawfully imposed standards of conduct for members and employees of the House.
(1) No member or employee of the House shall unlawfully use his or her office or official position for personal financial gain, and each member or employee shall be entitled to compensation for his or her official duties only to the extent of pay and allowances attaching to such office or position or as is otherwise authorized by law. Nothing herein shall be construed to prevent a member or employee from lawfully pursuing his or her business or profession or to limit ordinary and necessary communications in the pursuit thereof while serving in an official capacity.
(2) Sexual harassment is prohibited and shall subject the offender to possible sanctions, penalties, or legal action. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: (A) submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or (B) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual; or (C) such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.
(3) No member or employee of the House shall knowingly abuse the financial entitlements and privileges authorized to him or her by law or resolution.
(4) No member or employee of the House shall knowingly violate any rule of the House, including without limitation the provisions of Rules 166 and 167."
The following amendment was read and adopted:
Representatives Walker of the 141st, Groover of the 125th and Smith of the 169th move to amend the Floor substitute to HR 61 as follows:

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By adding the word "unwelcomed" before the word "requests" on line 16, page 6 and before the word "verbal" on line 17, page 6 and by changing the word "unwelcome" to the word "unwelcomed" on line 15, page 6.
The following amendment was read:
Representative Canty of the 52nd moves to amend the Floor substitute to HR 61 as follows:
Rule 165 lines 11-12 page 3 - change to read: "chairperson who shall be elected by majority vote of the membership of the House of Representatives".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

NAshe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks.D Y Brooks.T Y Brown NBuck
Buckner YBunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman.B N Coleman.T

N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings N Davis,G Y Davis.M N Dickinson
NDix N Dixon,H N Diion,S NDobba N Dover
N Ehrhart YEpps N Evans Y Felton N Floyd,J.M N Ployd,J.W
NGodbee N Golden NGoodwin N Greene N Groover N Hammond N Manner N Harris.B N Harris,M YHart Y Heard N Hegstrom N Hembree N Henson N Holland

N Holmes Howard
N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins
Johnson,D.H N Johnson.E N Johnson.G
N Johnson.J Y Johnston
Y Jones Y Joyce YKaye
N Kinnamon N Klein NLadd NLakly NLane.D N Lane.R N Lawrence YLawson NLee N Lewis NLord N Lucas N Maddox YMann N Martin NMcBee Y McClinton Y McKinney,B NMilam Y Mills

Y Mobley,B N Mobley,J N Moore
N Mosley N Mueller
N Oliver N O'Neal
Orrock N Padgett NParham N Parrish N Patten Y Pelote N Perry Y Pinholster NPoag N Polak Y Porter NPoston N Powell NPurcell NRandall Y Randolph NRay N Reaves N Reichert Y Roberts N Royal
NScoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 28, nays 145. The amendment was lost.

N Smith.C N Smith.L
N Smith.P N Smith,T N Smith,V N Smith,W NSmyre N Snow N Stancil.F N Stancil.S N Stwiley.L Y Stanley,P N Stephenson N Streat N Taylor N Teague NTeper
N Thoroas.C Y Tillman N Titus N Towery N Trense
Turnquest NTwiggs N Vaughan N Walker NWall N Watson N Watts N Westmoreland
White N Williams.B N Williams.R N Yates N Yeargin
Murphy ,Spkr

The following amendment was read:
Representative Canty of the 52nd moves to amend the Floor substitute to HR 61 as follows:
Rule 165 lines 17 - delete - "and the Minority Caucus Secretary -, replace with" ; the Minority Caucus Secretary, and three members elected by majority vote of the members of the House of Representatives".

TUESDAY, FEBRUARY 2, 1993

311

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

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks.D Y Brooks.T N Brown NBuck
Buckner N Bunn N Burkhalter
NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn
N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman.B N Coleman.T

N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings N Davis.G N Davis.M N Dickinson NDix N Dixon.H
N Dixon.S N Dobbs N Dover
N Ehrhart YEpps N Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden N Goodwin N Greene N Groover N Hammond N Manner N Harris,B N Harris.M NHart Y Heard N Hegstrom N Hembree N Henson Y Holland

N Holmes Howard
N Hudson N Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson.D.H N Johnson,E N Johnson,G N Johnson,J N Johnston
Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane,D N Lane,R N Lawrence Y Lawson
N Lee N Lewis NLord N Lucas N Maddox N Mann N Martin N McBee N McClinton Y McKinney.B NMilam
N Mills

Y Mobley.B
N MobleyJ N Moore N Mosley N Mueller N Oliver N O'Neal
Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pinholster NPoag N Polak Y Porter YPoston N Powell N Purcell NRandall Y Randolph NRay N Reaves Y Reichert Y Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp
Simpson Y Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 27, nays 146. The amendment was lost.

N Smith.C N Smith,L N Smith,P
N Smith.T N Smith,V N Smith,W N Smyre N Snow N Stancil,F N SUncil.S N Stanley,L N Stanley,? N Stephenson N Streat Y Taylor YTeague NTeper N Thomas.C Y Tillman N Titus N Towery NTrense
Turnquest N Twiggs N Vaughan
N Walker N Wall N Watson N Watts N Westmoreland
White N Williams.B N Williams.R
N Yates N Yeargin
Murphy ,Spkr

The following amendment was read:
Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (5) which states: "Members of the House shall not seek, accept, use, allocate, grant, or award public funds for any purpose other than as approved by law."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux

N Bostick Y Breedlove N Brooks.D N Brooks.T Y Brown
NBuck Buckner
YBunn N Burkhalter
NByrd N Campbell
Y Canty

Y Carlisle N Carrell N Carter N Cauthorn
N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman,B N Coleman.T

N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings N Davis.G Y Davis.M N Dickinson YDix N Dixon,H

N Dixon,S Y Dobbs N Dover N Ehrhart
NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin

312

JOURNAL OF THE HOUSE,

N Greene N Groover N Hammond N Hanner N Harris.B Y Harris.M
NHart N Heard
Hegstrom Y Hembree N Henson Y Holland N Holmes
Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson.D.H Y Johnson,E N Johnson.G N Johnson,J

N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein YLadd NLakly N Lane.D N Lane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox
YMann N Martin N McBee N McClinton Y McKinney,B NMilam Y Mills

Y Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal
Orrock
N Padgett NParham N Parrish N Patten Y Pelote N Perry Y Pinholster NPoag N Polak Y Porter Y Poston N Powell N Purcell NRandall Y Randolph NRay

N Reaves N Reichert Y Roberts N Royal N Scoggins N Shanahan Y Sherrill N Sbipp N Simpson N Sinkfield N Skandalakis N Skipper N Smith,C
Smith.L Y Smith,P N Smith.T Y Smith,V N Smith,W NSmyre NSnow N Stancil,F Y Stancil,S N Stanley,L N Stanley,?

N Stepbenson N Streat N Taylor NTeague YTeper N Thomas,C YTillman
N Titus N Towery N Trense
Turnquest NTwiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmoreland
White Y Williaim.B N Williams,R N Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 43, nays 129. The amendment was lost.

The following amendment was read:

Representative Simpson of the 101st moves to amend the Floor substitute to HR 61 as follows:
On line 1 page 5 by adding after word "materials." a # 6 to read:
"(6) Each member shall have any complaint lodged against him or her determined and disposed of within 30 days of the filing of the complaint."

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

N Ashe N Atkins N Bailey N Baker
Y Bannister N Barfoot N Bargeron Y Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks.D Y Brooks.T
Brown
NBuck N Buckner
Bunn N Burkhalter NByrd N Campbell
Canty N Carlisle
Carrell N Carter Y Cauthorn N Chambless

N Chandler N Channel! N Childers
Y Clark N Coker N Coleman.B Y Coleman,T
N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings
N Davis.G Y Davis.M N Dickinson
YDix Y Dixon.H N Dixon.S N Dobbs N Dover Y Ehrhart NEpps N Evans Y Pelton N Floyd,J.M N Floyd,J.W
NGodbee

N Golden N Goodwin N Greene N Groover Y Hammond N Hanner N Harris.B N Harris.M NHart N Heard Y Hegstrom N Hembree Y Henson N Holland N Holmes
Howard N Hudson N Hughes N Hugley N James
Jamieson N Jenkins
Johnson.D.H N Johnson,E Y Johnson.G N Johnson,J
Johnston N Jones Y Joyce

YKaye N Kinnamon N Klein
NLadd YLakly N Lane,D
YLane,R N Lawrence N Lawson NLee Y Lewis NLord N Lucas N Maddox YMann N Martin N McBee Y McClinton Y McKinney.B NMilam N Mills Y Mobley,B N Mobley.J Y Moore N Mosley N Mueller N Oliver N O'Neal
Orrock

N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pinholster
YPoag N Polak Y Porter
Poston N Powell N Purcell NRandall N Randolph NRay N Reaves N Reichert
Roberts
N Royal N Scoggins Y Shanahan
N Sherrill Y Shipp Y Simpson N Sinkfield N Skandalakis N Skipper Y Smith,C

TUESDAY, FEBRUARY 2, 1993

313

Y Smith,L N Smith,P N Smith.T Y Smith.V N Smith.W NSmyre NSnow

N Stancil,F N Stancil.S N Stanley.L N Stanley,? N Stephenson N Streat Y Taylor

N Teague Y Teper Y Thomas.C
Tillman N Titus Y Towery N Trense

Turnquest NTwiggs N Vaughan N Walker NWall N Watson N Watts

On the adoption of the amendment, the ayes were 40, nays 126. The amendment was lost.

Y Westmorland Y White N Williams.B N WiUiams,R N Yates N Yeargin
Murphy,Spkr

The following amendment was read:
Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (6) which states: "Public resources (funds, facilities, and personnel) are to be used for public good and not for partisan campaign purposes or for political fund raising and campaigning."

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

N Ashe N Atkins N Bailey Y Baker Y Bannister N Barfoot N Bargeron
N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick
Y Breedlove Y Brooks,D N Brooks.T N Brown NBuck Y Buckner YBunn N Burkhalter
NByrd N Campbell
Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker Y Coleman.B N Coleman.T

N Colwell N Connell
NCox N Crawford
N Crews N Culbreth N Cummings N Davis,G Y Davis,M N Dickinson YDix N Dixon,H N Dixon.S NDobbs N Dover YEhrhart NEpps Y Evans N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris.B Y Harri8,M NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland

N Holmes Howard
N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson,D.H
Y Johnson.E N Johnson,G N Johnson,J N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd NLakly NLane.D NLane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox YMann N Martin
N McBee N McClinton Y McKinney,B NMilam
Y Mills

Y Mobley.B N MobleyJ N Moore N Mosley Y Mueller
N Oliver N O'Neal
Y Orrock N Padgett NParham NParrish
N Patten Y Pelote N Perry Y Pinholster NPoag NPolak Y Porter YPoston N Powell NPurcell NRandall Y Randolph
NRay N Reaves N Reichert Y Roberts N Royal N Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 47, nays 129.

The amendment was lost.

N Smith,C N Smith.L Y Smith.P N Smith.T Y Smith.V N Smith,W NSmyre NSnow N Stancil,F Y Stancil,S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor N Teague Y Teper N Thomas.C N Tillman N Titus N Towery N Trense
Turnquest NTwiggs N Vaughan N Walker NWall N Watson N Watts Y Westmoreland
White Y WUliams,B
N WiUiams,R Y Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative McKinney of the 51st moves to amend the Floor substitute to HR 61 as follows:

314

JOURNAL OF THE HOUSE,

Line 15, Page 3 add following the word Judiciary; the sentence, The Chairperson of the Committee on Special Judiciary;.

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

N Ashe N Atkins N Bailey Y Baker N Bannister N Barfoot N Bargeron Y Barnes N Bates N Benefield N Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks,T Y Brown NBuck N Buckner N Bunn N Burkhalter NByrd
N Campbell Y Canty N Carlisle
N Carrell N Carter
Y Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman.B N Coleman.T

N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings Y Davis.G N Davis.M N Dickinson
Dix N Dixon.H N Dixon.S YDobbs N Dover
Ehrhart YEpps N Evans N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin N Greene N Groover Y Hammond N Hanner N Harris.B N Harris.M YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes N Howard N Hudson N Hughes
Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson.D.H N Johnson.E
N Johnson,G N Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly N Lane.D N Lane.R N Lawrence Y Lawson NLee N Lewis NLord Y Lucas N Maddox NMann N Martin N McBee Y McClinton
McKinney.B
NMilam N Mills

Y Mobley.B Y Mobley,J N Moore
N Mosley Y Mueller N Oliver N O'Neal
Orrock N Padgett
Parham N Parrish N Patten Y Pelote N Perry N Pinholster NPoag N Polak Y Porter Y Poston N Powell N Purcell YRandall Y Randolph
NRay N Reaves
Y Reichert Y Roberts N Royal N Scoggins N Shanahan Y Sherrill N Shipp
Simpson Y Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 47, nays 125. The amendment was lost.

N Smith,C N Smith.L N Smith,P N Smith.T N Smith,V N Smith,W
YSmyre NSnow N Stancil.F N Stancil.S Y Stanley,L Y Stanley,? N Stephenson N Streat Y Taylor Y Teague NTeper N Thomas,C Y Tillman N Titus N Towery N Trense
Turnquest NTwiggs N Vaughan N Walker Y Wall N Watson N Watts N Westmorland Y White N Williams.B N Williams.R N Yates N Yeargin
Murphy.Spkr

The following amendment was read:
Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (7) which states:
"No member of the House shall solicit a campaign contribution in a state office building. Members of the House shall not operate political campaigns or operate political fund raising campaigns from state office buildings which have not been leased or rented for such purpose."

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

N Ashe N Atkins N Bailey N Baker Y Bannister

N Barfoot N Bargeron N Barnes N Bates N Benefield

N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks.D

N Brooks.T N Brown NBuck
Buckner
Y Bunn

N Burkhalter NByrd Y Campbell N Canty N Carlisle

TUESDAY, FEBRUARY 2, 1993

315

N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell
N Childers N Clark N Coker N Coleman.B N Coleman.T N Colwell N Connell
NCox N Crawford Y Crews N Culbreth N Cummings N Davis.G N Davis,M N Dickinson
YDix N Dixon.H N Dixon.S N Dobbs N Dover
YEhrhart NEpps N Evans Y Felton N Floyd,J.M

N Floyd.J.W
N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris.B Y Harris.M NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard
N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins
Johnson.D.H Y Johnson,E N Johnson.G Y Johnson,J N Johnston N Jones Y Joyce

YKaye N Kinnamon N Klein YLadd
Y Lakly N Lane,D N Lane.R Y Lawrence Y Lawson NLee Y Lewis
NLord N Lucas N Maddox YMann N Martin N McBee N McClinton Y McKinney.B NMilam Y Mills N Mobley.B N Mobley,J N Moore N Mosley Y Mueller N Oliver N O'Neal
Orrock N Padgett N Parham

N Parrish N Patten Y Pelote N Perry Y Pinholster YPoag N Polak
Y Porter Y Poston N Powell
N Purcell N Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal N Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper Y Smith,C N Smith,L Y Smith,P N Smith.T N Smith,V

On the adoption of the amendment, the ayes were 44, nays 131. The amendment was lost.

N Smith,W N Smyre NSnow N Stancil.F Y Stancil.S N Stanley.L N Stanley,? N Stephenson N Streat Y Taylor N Teague Y Teper N Thomas.C N Tillman N Titus N Towery N Trense
Turnquest N Twiggs N Vaughan N Walker Y Wall N Watson N Watts Y Westmoreland
N White Y Williams,B N Williams,R Y Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (8) which states:
"Members of the House shall not agree to or threaten to withhold political action or constituent services as a result of a person's decision to provide or not to provide a political contribution, charitable contribution, or support."

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

N Ashe N Atkins
N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks,D N Brooks.T N Brown
NBuck N Buckner YBunn N Burkhalter

NByrd N Campbell
Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman.B N Coleman.T N Colwell N Connell NCox N Crawford Y Crews N Culbreth

N Cummings
N Davis,G Y Davis.M N Dickinson YDix
N Dixon.H N Dixon,S N Dobbs N Dover
Y Ehrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
N Godbee N Golden N Goodwin
N Greene N Groover N Hammond

N Manner
N Harris,B
Y Harris.M
YHart N Heard Y Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins
Johnson,D.H Y Johnson,E N Johnson.G Y Johnson,J

N Johnston N Jones Y Joyce YKaye
N Kinnamon
N Klein YLadd Y Lakly N Lane,D
NLane.R N Lawrence Y Lawson
NLee Y Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee
McClinton

316

JOURNAL OF THE HOUSE,

McKinney.B N Milam Y Mills Y Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal
Orrock N Padgett N Parham N Parrish N Patten

Y Pelote N Perry Y Pinholster
NPoag N Polak Y Porter Y Poston N Powell N Purcell N Randall Y Randolph NRay N Reaves N Reichert N Roberts

N Royal N Scoggins YShanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper N Smith.C N Smith,L Y Smith,P N Smith.T N Smith,V N Smith,W

N Smyre NSnow N Stancil,F Y Stancil,S N Stanley.L N Stanley,? N Stephenson N Streat N Taylor N Teague Y Teper N Thomas.C N Tillman N Titus N Towery

On the adoption of the amendment, the ayes were 37, nays 135. The amendment was lost.

N Trense Turnquest
N Twiggs N Vaughan N Walker
N Wall N Watson
N Watts Y Westmoreland
White N Williams,B N Williams,R N Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (9) which states:
"Members of the House and staff shall avoid financial conflicts of interest and close economic associations where official action or decisions are motivated not by public duty but by economic self-interest or association. Financial conflicts of interest and close economic associations which impede official public responsibility are those financial interests or interests arising from close economic associations with other persons or entities which are so material, direct, distinct, unique, and peculiar to the member of the House or staff that it might reasonably be expected that impartial official judgement could not be exercised."

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

NAshe N Atkins N Bailey Y Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick
N Breedlove N Brooks,D N Brooks.T N Brown NBuck
N Buckner Y Bunn
N Burkhalter NByrd N Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler

N Channel!
N Childers N Clark N Coker N Coleman.B N Coleman.T N Colwell N Connell
NCox N Crawford N Crews N Culbreth N Cummings N Davis.G Y Davis.M N Dickinson YDix N Dixon.H N Dixon,S N Dobbs N Dover Y Ehrhart NEpps N Evans Y Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden Y Goodwin

N Greene N Groover N Hammond
N Manner N Harris.B Y Harris,M YHart N Heard Y Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson,D.H N Johnson.E N Johnson.G
Y Johnson,J N Johnston N Jones
Y Joyce YKaye Y Kinnamon Y Klein

YLadd N Lakly N Lane,D N Lane,R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox YMann N Martin N McBee
McClinton N McKinney,B N Milam Y Mills
Y Mobley,B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal Y Orrock N Padgett N Parham N Parrish N Patten

Y Pelote N Perry Y Pinholster
NPoag N Polak
Y Porter Y Poston N Powell N Purcell N Randall Y Randolph
NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper N Smith.C
Smith,L Y Smith.P N Smith.T N Smith,V N Smith,W

TUESDAY, FEBRUARY 2, 1993

317

N Smyre N Snow N Stancil,F Y Stancil.S N Stanley.L N Stanley,?

N Stephenson N Streat N Taylor
Teague Y Teper N Thomas.C

N Tillman N Titus N Towery N Trense
Turnquest N Twiggs

N Vaughan N Walker N Wall N Watson N Watts Y Westmorland

White N Williams,B N Wimams,R Y Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 44, nays 130. The amendment was lost.

The following amendment was read and lost:

Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (10) which states:
"No member of the House or staff, acting as an attorney or representative of another, shall seek or accept any special treatment not otherwise approved by law or judicial order because of his or her legislative role."

The following amendment was read:

Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (11) which states:
"No member of the House or staff shall accept anything of value when such thing of value is offered with the understanding that official action will be taken or withheld by a member of the House or staff in consideration of acceptance of that which is offered. Any offer made which is conditioned upon the taking or withholding of official action shall immediately be reported in writing to the chairperson of the committee."

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

YAshe N Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Beneiield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks.D N Brooks,T N Brown NBuck N Buckner
YBunn N Burkhalter NByrd N Campbell N Canty Y Carlisle N Carrell N Carter N Cauthorn

N Chambless N Chandler N Channell N Childers Y Clark N Coker N Coleman.B N Coleman.T N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis.M Y Dickinson YDix N Dixon.H N Dixon.S YDobbs N Dover Y Ehrhart
NEpps Y Evans Y Felton N Floyd,J.M

N Floyd,J.W
N Godbee N Golden Y Goodwin
N Greene N Groover N Hammond N Manner N Harris.B Y Harris,M YHart N Heard Y Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J

Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane,D NLane.R Y Lawrence Y Lawson NLee Y Lewis NLord
Lucas Y Maddox YMann N Martin NMcBee
McClinton N McKinney.B NMilam
Y Mills Y Mobley3 N Mobley,J N Moore N Mosley

N Mueller N Oliver N O'Neal Y Orrock N Padgett
Parham N Parrish N Patten Y Pelote N Perry Y Pinholster NPoag NPolak Y Porter YPoston N Powell NPurcell NRandall Y Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill N Shipp

318

JOURNAL OF THE HOUSE,

N Simpson N Sinkfield N Skandalakis N Skipper NSmith,C
Smith,L Y Smith,? N Smith.T

N Smith,V Y Smith,W N Smyre N Snow NStancil,F YStancil,S N Stanley,L N Stanley,?

N Stephenson N Streat N Taylor
Teague Y Teper N Thomas.C N Tillman N Titus

Y Towery N Trense
Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson

On the adoption of the amendment, the ayes were 59, nays 114. The amendment was lost.

The following amendment was read and lost:

N Watts Y Westmorland N White Y WiUiams.B N Wmiam8,R Y Yates N Yeargin
Murphy,Spkr

Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (12) which states:
"No member of the House or staff shall seek, accept, or retain employment which makes it: unreasonably difficult to fulfill legislative obligations; requires the disclosure or use of nonpublic or confidential information acquired in the course of legislative service; requires improper use of government relationships or the prestige associated with legislative offices; or will require the member or staff to compromise any other ethical or legal duty."
The following amendment was read and lost:
Representative Teper of the 61st moves to amend the Floor substitute to HR 61 as follows:
On page 7 after line 2 add a new subparagraph (13) which states:
"Members of the House and staff shall not knowingly engage in conduct that violates rights of others nor shall they unlawfully discriminate against or abuse any person in the course of legislative activities. All contact with constituents, staff, lobbyists, representatives of the media, and others interested or involved in the process of government shall be conducted in a courteous, professional manner."
The following amendment was read:

Representatives White of the 161st, McKinney of the 51st and Brooks of the 54th move to amend the Floor substitute to HR 61 as follows:
By adding, on page 3 line 17 after the word chairperson the following:
The chairperson of the Ga. Legislative Black Caucus; the Secretary of the Ga. Legislative Black Caucus;
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

NAshe N Atkins N Bailey
Baker N Bannister NBarfoot N Bargeron NBarnes

N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks,D Y Brooks.T

Y Brown N Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell Y Canty

N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers

N Clark N Coker N Coleman.B N Coleman.T N Colwell N Connell N Coi N Crawford

TUESDAY, FEBRUARY 2, 1993

319

N Crews N Culbreth N Cummings
Y Davis.G N Davis.M N Dickinson NDix N Dixon.H N Dixon,S N Dobbs N Dover
N Ehrhart YEpps N Evans
N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin N Greene N Groover N Hammond N Banner N Harris,B N Harris.M
YHart Y Heard

N Hegstrom
N Hembree N Henson N Holland N Holmes
Y Howard N Hudson N Hughes
Y Hugley Y James Y Jamieson N Jenkins Y Johnson,D.H N Johnson,E
N Johnson.G N Johnson,J N Johnston
Y Jones N Joyce YKaye N Kinnamon
N Klein NLadd N Lakly N Lane.D N Lane.R N Lawrence Y Lawson

NLee N Lewis
Lord Lucas N Maddox NMann N Martin N McBee Y McClinton Y McKinney.B NMilam N Mills Y Mobley,B Y Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal Orrock N Padgett Parham N Parrish N Patten Y Pelote N Perry N Pinholster NPoag

NPolak N Porter Y Poston N Powell N Purcell Y Randall Y Randolph NRay N Reaves N Reichert Y Roberts N Royal N Scoggins
Shanahan N Sherrill N Shipp N Simpson Y Sinkfield N Skandalakis N Skipper N Smith.C N Smith.L
N Smith.P N Smith.T N Smith,V
N Smith,W Smyre
NSnow

On the adoption of the amendment, the ayes were 29, nays 140. The amendment was lost.

N Stancil.F N Stancil.S
Stanley,L Stanley,? N Stephengon N Streat Y Taylor YTeague NTeper N Thomas.C Y Tillman N Titus N Towery N Trense Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmorland Y White N Williams.B N Williams.R N Yates N Yeargin Murphy ,Spkr

The following amendment was read:

Representatives Poston of the 3rd, Jamieson of the 22nd, Porter of the 143rd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
Page 4, lines 2-17 strike comma after word "procedure" on line 2, strike every word thereafter until and including the word "committee" on line 17.
Add the following in its place:
"A complaint may be brought by any member of the House or staff and shall remain confidential until the committee has determined that substantial cause exists that a violation has occurred."

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

N Ashe N Atkins N Bailey
Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks,D N Brooks.T N Brown NBuck N Buckner N Bunn

N Burkhalter
NByrd Y Campbell
Y Canty N Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler N Channel!
N Childers
N Clark N Coker N Coleroan,B N Coleman.T N Colwell N Connell
NCox Y Crawford

N Crews N Culbreth N Cummings
N Davis.G N Davis,M N Dickinson YDix N Dixon.H N Dixon,S Y Dobbs N Dover
N Ehrhart NEpps Y Evans Y Felton N Floyd,J.M
N Floyd,J.W N Godbee N Golden N Goodwin

N Greene N Groover N Hammond N Hanner N Harris,B
N Harris.M NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins

Y Johnson.D.H N Johnson,E N Johnson.G Y Johnson,J Y Johnston
N Jones Y Joyce YKaye N Kinnamon N Klein
NLadd N Lakly N Lane,D N Lane.R N Lawrence Y Lawson NLee Y Lewis NLord N Lucas

320

JOURNAL OF THE HOUSE,

N Maddox NMann N Martin NMcBee N McClinton N McKinney.B NMilam Y Mills
Y Mobley,B N Mobley,J N Moore N Mosley
Y Mueller N Oliver N O'Neal Y Orrock

N Padgett Parham
N Parrish N Patten Y Pelote N Perry Y Pinholster NPoag N Polak Y Porter YPoston N Powell N Purcell
Randall Y Randolph NRay

N Reaves N Reichert Y Roberts N Royal YScoggins YShanahan Y Sherrill N Sbipp N Simpson N Sinkfield N Skandalakis
N Skipper N Smith.C
Smith,L Y Smith,P
N Smith,T

N Smith,V , N Smith,W NSmyre NSnow
N Stancil.F N Stancil.S N Stanley,L N Stanley,? N Stephenson NStreat Y Taylor NTeague YTeper N Thomas,C NTiUman N Titus

On the adoption of the amendment, the ayes were 36, nays 137. The amendment was lost.

NTowery NTrense
Turnquest NTwiggs N Vaughan N Walker N Wall N Watson
N Watts Y Westmoreland
White N Williams.B N Williams.R
NYates N Yeargin
Murphy.Spkr

The following amendment was read:
Representatives Poston of the 3rd, Jamieson of the 22nd, Porter of the 143rd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
Page 3 line 25 strike "may" insert "shall".

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

N Ashe N Atkins N Bailey N Baker Y Bannister
NBarfoot N Bargeron NBames N Bates N Benefield N Birdsong
Bordeaux
N Bostick Y Breedlove
N Brooks.D N BrooksT
Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless
N Chandler N Channel! N Childers N Clark N Coker N Coleman,B N Coleman.T

N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis,M N Dickinson NDix N Dixon.H
N Dixon,S NDobbs N Dover YEhrhart
NEpps Y Evans N Felton N FloydJ.M N FloydJ.W
NGodbee N Golden YGoodwin N Greene N Groover N Hammond N Manner N Harris.B Y Harris,M NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland

N Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson.D.H Y Johnson,E
N Johnson.G N Johnson,J N Johnston N Jones Y Joyce
Kaye N Kinnamon N Klein NLadd N Lakly NLane.D NLane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas
Y Maddox YMann N Martin
NMcBee N McClinton
N McKinney.B NMilam Y Mills

Y Mobley,B N Mobley.J Y Moore N Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett
Parham N Parrish N Patten Y Pelote N Perry Y Pinholster
NPoag N Polak Y Porter YPoston N Powell N Purcell N Randall Y Randolph NRay N Reaves N Reichert
Roberts N Royal YScoggins Y Shanahan Y Sherrill N Shipp
N Simpson N Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 37, nays 135. The amendment was lost.

N Smith.C N Smith.L Y Smith,P N Smith,T N Smith.V N Smith,W NSmyre N Snow
N Stancil.F Y Stancil.8 N Stanley.L N Stanley,? N Stephenson NStreat Y Taylor NTeague YTeper N Thomaa.C NTiUman N Titus N Towery NTrense
Turnquest NTwiggs N Vaughan N Walker N Wall
N Watson N Watts N Westmorland
White N Williams.B
NWiUiams3 Y Yates N Yeargin
Murphy.Spkr

TUESDAY, FEBRUARY 2, 1993

321

The following amendment was read:

Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
Add to Rule 171:
Members of the House and staff shall not subject a person who reports to the committee, or any other government entity, conduct the person believes is a violation of this rule or any other state law to reprisal, retaliation, harassment, discrimination, or ridicule nor shall the confidentiality provisions contained herein be abridged.

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

YAshe N Atkins N Bailey Y Baker Y Bannister N Barfoot N Bargeron Y Bames N Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D Y Brooks.T N Brown NBuck Y Buckner YBunn N Burkhalter
NByrd Y Campbell
Y Canty Y Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler
N Channell N Childers Y Clark N Coker
Y Coleman.B N Coleman.T

N Colwell N Connell
NCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis,M N Oickinson YDix NDixon.H Y Dixon,S
YDobbs N Dover Y Ehrhart
NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris.B Y Harris.M YHart N Heard Y Hegstrom Y Hembree Y Henson N Holland

N Holmes N Howard N Hudson
N Hughes N Hugley N James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J N Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane.D N Lane,R Y Lawrence Y Lawson N Lee Y Lewis NLord N Lucas Y Maddox YMann N Martin Y McBee Y McClinton N McKinney.B NMilam
Y Mills

Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal YOrrock N Padgett
Parham NParrish
N Patten Y Pelote Y Perry Y Pinholster
NPoag Y Polak Y Porter Y Poston N Powell N Purcell NRandall N Randolph
YRay N Reaves N Reichert
Roberts N Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson
Sinkfield N Skandalakis N Skipper

Y Smith,C Y Smith,L Y Smith,P N Smith.T Y Smith.V Y Smith,W NSmyre N Snow N Stancil.F Y Stancil.S N Stanley,L N Stanley,? Y Stephenson N Streat Y Taylor NTeague YTeper N Thomas,C N Tillman N Titus Y Towery Y Trense
Turnquest NTwiggs YVaughan N Walker YWall N Watson
N Watts Y Westmorland
White Y Williams.B N Williams.R Y Yates N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 82, nays 91. The amendment was lost.

The following amendment was read:

Representatives Poston of the 3rd, Jamieson of the 22nd, Porter of the 143rd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
P. 6, 7 strike lines 31, 32 on p. 6 strike all on p. 7.

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

322

JOURNAL OF THE HOUSE,

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks,D N Brooks,T N Brown NBuck
Y Buckner YBunn N Burkhalter NByrd N Campbell Y Canty N Carlisle
N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman,B N Coleman.T

N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings
Davis.G N Davis.M N Dickinson YDix N Dixon.H N Dixon.S N Dobbs N Dover NEhrhart N Epps N Evans N Pelton N Floyd,J.M N Floyd,J.W N Godbee N Golden N Goodwin N Greene N Groover N Hammond N Banner
N Harris,B Y Harris,M NHart N Heard Y Hegstrom Y Hembree N Henson N Holland

Holmes N Howard N Hudson N Hughes
N Hugley Y James Y Jamieson N Jenkins Y Johnson,D.H N Johnson,E N Johnson,G Y Johnson,J N Johnston N Jones Y Joyce YKaye
Y Kinnamon Y Klein
NLadd N Lakly N Lane,D NLane.R N Lawrence Y Lawson
NLee Y Lewis NLord
N Lucas N Maddox YMann N Martin Y McBee N McClinton N McKinney,B NMilam
Y Mills

Y Mobley,B Y Mobley,J N Moore NMosley N Mueller N Oliver N O'Neal NOrrock N Padgett
Par ham N Parrish
N Patten Y Pelote N Perry Y Pinholllter NPoag N Polak Y Porter Y Poston N Powell N Purcell NRandall N Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper

N Smith.C N Smith.L Y Smith,P N Smith.T N Smith,V N Smith,W N Smyre NSnow N Stancil,F N Stancil.S N Stanley.L N Stanley,P N Stephenson N Streat N Taylor NTeague YTeper N Thomas.C Y Tillman N Titus N Towery NTrense
Turnquest NTwiggs NVaughan
Walker N WaU N Watson N Watts N Westmoreland N White N Williams.B N Williams.R N Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 33, nays 141. The amendment was lost.

The following amendments were read and adopted:

Representatives Poston of the 3rd, Jamieson of the 22nd, Porter of the 143rd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
Page 4, line 20, after period add:
"The committee must find 'clear and convincing evidence' in order to conclude that a violation has occurred."

Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd and Lawson of the 20th move to amend the Floor substitute to HR 61 as follows:
P. 2 line 16 strike "probable cause" insert "substantial cause" line 31 strike "agency".

Representative Chambless of the 163rd moves to amend the Floor substitute to HR 61 as follows:
By inserting on page 5 line 20 between "replaced" and "." the following:
"and shall be appointed from a list of three names submitted by the remaining members of the Ethics Committee who are of the same party as the officer or member to be replaced."

Representative Chambless of the 63rd moves to amend the Floor substitute to HR 61 as follows:

TUESDAY, FEBRUARY 2, 1993

323

By inserting on page 4 line 10 between "." and "This" the following:
"notwithstanding the foregoing, if the person whose conduct is in issue, or all such persons if more than one, demand same in writing, the meetings shall be open to the public."

The Floor substitute, as amended, was adopted.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Baigeron YBarnes Y Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D N Brooks.T N Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCoi Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Don,H Y Diion.S YDobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden YGoodwin
Y Greene Y Groover
Y Hammond Y Hanner Y Harris.B
Y Harris,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James N Jamieaon Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin YMcBee Y McClinton N McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore YMosley Y Mueller Y Oliver YO'Neal YOrrock Y Padgett YParham
YParriah Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Royal YScoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,? Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,P Y Stephenson YStreat Y Taylor YTeague YTeper Y Thomas,C YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
N White Y Wffliams,B Y Williams.R
YYates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Human Relations and
Aging.

HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th, Sherrill of the 62nd and Tillman of the 173rd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home.

324

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and referred to the Committee on Rules:

HR 129. By Representatives Stanley of the 50th, McKinney of the 51st, Martin of the 47th, Davis of the 48th and Orrock of the 56th:
A resolution inviting Mayor Maynard Jackson to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 128. By Representative Oliver of the 154th: A resolution commending Mr. Bill W. Nelson.

Representative Oliver of the 154th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 85 Do Pass, by Substitute
Respectfully submitted, M Oliver of the 154th
Chairman

Representative Godbee of the 145th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 300 Do Pass, by Substitute
Respectfully submitted, M Godbee of the 145th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 195 Do Pass, as Amended
Respectfully submitted, /s/ Hanner of the 159th
Chairman

TUESDAY, FEBRUARY 2, 1993

325

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 171 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 34 Do Pass HB 214 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 71 Do Pass HB 75 Do Pass

HB 79 Do Pass HB 138 Do Pass

Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 218 Do Pass HB 222 Do Pass HB 66 Do Pass, by Substitute

326

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Dover of the 9th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 3, 1993

327

Representative Hall, Atlanta, Georgia Wednesday, February 3, 1993

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:

Ashe Atkins Bailey Bannister Barfoot Bargeron Barnes Benefield Birdsong Bordeaux Breedlove Brooks,D Brooks.T Brown Buck Bunn Burkhalter Byrd Campbell
Canty Carlisle Carrell Carter Cauthom Chambless Chandler Channel! Childers Clark Coker Coleman.B Coleman.T

Colwell Connell Cox Crawford Crews Culbreth Cummings Davis.G Davis.M Dickinson Dix Diion.H Diion.S Dobbs Dover Ehrhart Epps Evans Floyd,J.M Floyd,J.W Godbee Golden Greene Groover Hammond Hanner Harris,B Harris.M
Hart Heard Hegstrom Hembree

Holland Howard Hudson Hughes Hugley James Jamieson Jenkins Johnson,D.H Johnson,E Johnson,G Johnson,J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly
Lane.D
Lane.R
Lawrence
Lawson
Lee Lewis
Lord
Maddox Mann
McBee
McClinton
McKinney,B

Mills Mobley.B Mobley.J Moore Mosley Mueller Oliver O'Neal Padgett Parham Parrish Pelote Pinholster Poag Polak Poston Powell Purcell Randolph
Ray
Reaves Reichert
Roberta
Royal
Scoggins
Shanahan
Sherrill
Shipp
Sinkfleld
Skandalakis
Skipper

Smith.C Smith.L Smith,P Smith,T Smith,V Smyre Stancil.S Stanley.L Stanley,? Stephenson Streat Taylor Teague Teper Tillman Titus Towery Trense Turnquest
Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmorland
Williams.B
William8,R
Yates
Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Goodwin of the 79th, Patten of the 176th, Porter of the 143rd, Smith of the 174th, Milam of the 130th, Baker of the 70th, Thomas of the 100th, Henson of the 65th and Snow of the 2nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Jack R. Hudson, Pastor, Guyton Christian Church, Guyton, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

328

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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 416. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension, revocation, and cancellation of licenses, so as to authorize the Department of Public Safety to contract with private entities to provide certain services relative to enforcement of the requirement of minimum motor vehicle insurance.
Referred to the Committee on Public Safety.

HB 417. By Representatives Skandalakis of the 45th, Campbell of the 42nd and Burkhalter of the 41st:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, so as to provide that funds, benefits, or loans used by a student enrolled in a college or university for tuition, food, clothing, or room and board shall be exempt from the process of garnishment.
Referred to the Committee on University System of Georgia.

HB 418. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Simpson of the 101st and Klein of the 39th:
A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Warranty Rights Act," so as to change the qualifications for arbitrators.
Referred to the Committee on Motor Vehicles.

HB 419. By Representatives Mueller of the 152nd, Cummings of the 27th, Smith of the 109th, Jamieson of the 22nd and Smith of the 174th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia, so as to provide that any member whose contributions to the retirement system were suspended because the member was unable to work because of an injury incurred during the course of employment may purchase service credit for such period.
Referred to the Committee on Retirement.

WEDNESDAY, FEBRUARY 3,1993

329

HB 420. By Representative Twiggs of the 8th:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that when a conservation ranger knows of a baited field, the ranger must post the field against hunting.
Referred to the Committee on Game, Fish & Parks.

HB 421. By Representatives Greene of the 158th, Reaves of the 178th, Coleman of the 142nd and Bostick of the 165th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to provide for the regulation of horticultural growing media.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 422. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 423. By Representatives Johnston of the 81st, Maddox of the 108th, Joyce of the 1st and Crews of the 78th:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention instruction, so as to require information regarding the illegality of certain sexual behavior; to prohibit encouraging unlawful sexual behavior by students.
Referred to the Committee on Education.

HB 424. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to telecommunication services and systems.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 425. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others:
A bill to amend an Act providing for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees, so as to provide for the amount of such fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 426. By Representative Smith of the 109th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools.
Referred to the Committee on Retirement.

330

JOURNAL OF THE HOUSE,

HB 427. By Representative Smith of the 109th:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to provide for periodic review of all departmental programs which require continuing appropriations.
Referred to the Committee on Appropriations.

HB 428. By Representatives Smith of the 174th and Crews of the 78th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and prohibitions to residents of this state who are members of the organized militia of another state.
Referred to the Committee on Defense & Veterans Affairs.

HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th, Henson of the 65th, Ray of the 128th and others:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended.
Referred to the Committee on Education.

HB 430. By Representatives Ladd of the 59th and Snow of the 2nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to exempt sales of tangible personal property by certain persons to a member of such person's immediate family; to exempt sales of certain motor vehicles which are not required to have a title.
Referred to the Committee on Ways & Means.

HB 431. By Representatives Childers of the 13th, Cummings of the 27th, Sinkfield of the 57th, Reaves of the 178th, Thomas of the 100th and others:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts.
Referred to the Committee on Education.

HB 432. By Representatives Ladd of the 59th, Ashe of the 46th, Campbell of the 42nd and Trense of the 44th:
A bill to amend Code Section 21-5-73 of the Official Code of Georgia Annotated, relating to lobbyist disclosure reports, so as to provide for additional required information with respect to reportable expenditures.
Referred to the Committee on Rules.

WEDNESDAY, FEBRUARY 3, 1993

331

HB 433. By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 148th, Johnson of the 153rd and Pelote of the 149th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide an exemption for municipal solid waste received at certain waste to energy facilities from the state-wide goal of a 25 percent reduction in solid waste and from certain reporting and planning requirements associated therewith.
Referred to the Committee on Natural Resources & Environment.

HB 434. By Representatives Brown of the 117th, Holmes of the 53rd, Johnson of the 148th and Taylor of the 134th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to an valorem taxation of property, so as to provide that for purposes of ad valorem taxation, the General Assembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones designated by counties and municipal corporations.
Referred to the Committee on Ways & Means.

HB 435. By Representatives Brown of the 117th and Brooks of the 54th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Georgia Procurement Integrity Act".
Referred to the Committee on State Planning & Community Affairs.

HB 436. By Representatives Kaye of the 37th, Ehrhart of the 36th, Sinkfield of the 57th, White of the 161st and Howard of the 118th:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by the dispatching of the notice by certified mail, return receipt requested.
Referred to the Committee on Industrial Relations.

HB 437. By Representatives Purcell of the 147th, Walker of the 141st, Godbee of the 145th, Oliver of the 154th, Hudson of the 156th and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to remove certain types of identification or documentation that may be used to provide identification for registering to vote.
Referred to the Committee on Governmental Affairs.

HB 438. By Representatives Purcell of the 147th, Godbee of the 145th, Oliver of the 154th, Hudson of the 156th, Stanley of the 50th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for a child care credit and credit for household and dependent care expenses.
Referred to the Committee on Ways & Means.

332

JOURNAL OF THE HOUSE,

HB 439. By Representatives Felton of the 43rd, Campbell of the 42nd, Trense of the 44th, Skandalakis of the 45th, Burkhalter of the 41st and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide that the board shall be composed of five members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 440. By Representative Felton of the 43rd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 441. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Bailey of the 93rd and Johnson of the 97th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program.
Referred to the Committee on Ways & Means.

HB 442. By Representative Powell of the 23rd:
A bill to amend the Hart County Water and Sewer Utility Authority Act, so as to provide for a statement of intent and purpose; to change the provisions relating to the membership of the authority and the appointment and terms of members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 443. By Representative Powell of the 23rd: A bill to create the Board of Commissioners of Hart County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 444. By Representative Powell of the 23rd:
A bill to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 445. By Representatives Hembree of the 98th, Crews of the 78th, Johnston of the 81st, Maddox of the 108th, Johnson of the 97th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the provisions relating to definitions; to require HIV testing as a condition for receiving marriage licenses.
Referred to the Committee on Health & Ecology.

WEDNESDAY, FEBRUARY 3, 1993

333

HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remuneration for jury commissioners and the clerk of the board of jury commissioners.
Referred to the Committee on Judiciary.
HB 447. By Representatives Buck of the 135th, Culbreth of the 132nd and Parham of the 122nd:
A bill to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to duties of persons who remove or store certain motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information.
Referred to the Committee on Motor Vehicles.
HB 448. By Representatives Murphy of the 18th, Connell of the 115th, Groover of the 125th, Walker of the 141st and Lee of the 94th:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to provide that it shall be unlawful for a member of the General Assembly to accept or charge certain fees or honoraria for a speaking engagement or participation in a seminar, discussion panel, or other activity under certain circumstances.
Referred to the Committee on Rules.
HR 118. By Representative Lane of the 55th:
A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.
Referred to the Committee on State Planning & Community Affairs.
HR 119. By Representatives Bargeron of the 120th and Harris of the 112th:
A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.
Referred to the Committee on Transportation.

HR 120. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution requesting all health and human service programs which result in licensure or certification by the State of Georgia to include gerontology or geriatric education within their programs and encouraging all licensing and certification boards in Georgia to approve gerontology and geriatric education courses as meeting part of continuing education requirements for such licensure or certification.
Referred to the Committee on Health & Ecology.

HR 121. By Representative Colwell of the 7th:
A resolution authorizing the granting of a nonexclusive easement for operation, maintenance, repair, and replacement of a portion of a single-family residence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County.
Referred to the Committee on State Institutions & Property.

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JOURNAL OF THE HOUSE,

HR 122. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County.
Referred to the Committee on State Institutions & Property.

HR 123. By Representatives James of the 140th and Colwell of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Macon County.
Referred to the Committee on State Institutions & Property.

HR 124. By Representative Holland of the 157th: A resolution compensating Mr. Walter Lewis.
Referred to the Committee on Appropriations.

HR 125. By Representative Parham of the 122nd:
A resolution authorizing the granting of a non-exclusive 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 Baldwin County.
Referred to the Committee on State Institutions & Property.

HR 126. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution urging the promotion of faculty development initiatives in the fields of gerontology and geriatrics and futher urging the establishment of a centralized clearinghouse for information about course work, programs, and careers in the field of aging.
Referred to the Committee on University System of Georgia.

HR 127. By Representative Brown of the 117th: A resolution creating the House Study Committee on Private No-Fault Motor Vehicle Insurance.
Referred to the Committee on Rules.

HR 130. By Representatives Herabree of the 98th, Lakly of the 105th, Johnston of the 81st, Maddox of the 108th, Crews of the 78th and others: A resolution proposing an amendment to the Constitution so as to change the term of office for members of the General Assembly from two years to four years.
Referred to the Committee on Rules.

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

WEDNESDAY, FEBRUARY 3, 1993

335

HB 485. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Colwell of the 7th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances.
Referred to the Committee on Judiciary.

HB 486. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Thomas of the 100th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to authorize judicial consideration of victim impact statements in cases in which life imprisonment or the death penalty may be imposed.
Referred to the Committee on Judiciary.

HR 149. By Representatives Buckner of the 95th, Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A resolution expressing support for the Clayton County Olympic Coordinating Committee and urging the Atlanta Committee for Olympic Games to award the Women's Fast-Pitch Softball event to Clayton County.
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 413 HB 414 HB 415 SB 6

SB 7 SB 29 SB 78 SR 64

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 342 Do Pass HB 388 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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 98 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 342. By Representative Patten of the 176th:
A bill to fix the compensation of the clerk of the Superior Court of Echols 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 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 388. By Representatives Sherrill of the 62nd, Davis of the 60th, Teper of the 61st, Henson of the 65th, Turnquest of the 73rd and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to alter powers of the mayor and council; to create the office of city manager and provide for the appointment, removal, compensation, and duties of the city manager; to provide for the appointment and removal of the offices of marshall, city clerk, and director of public works.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 19. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to provide that any person operating a combined sewer overflow system in violation of such article shall not be subject to criminal sanctions; to provide that any such person shall not be prohibited from adding any additional sewer connections to such combined sewer overflow system.

WEDNESDAY, FEBRUARY 3, 1993

337

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.

SB 75. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the solicitor of said court; to change the terms of said court; to provide for related matters; to provide an effective date.

HB 216. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a system of public schools in the City of Jefferson, so as to reconstitute the board of education of the independent school system of the City of Jefferson and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 217. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to provide for council districts and for the election therefrom of members of the council of said city.

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

SR 44. By Senators Starr of the 44th and Robinson of the 16th: A resolution re-creating the Joint Study Commission on Revenue Structure.

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

SB 19. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to provide that any person operating a combined sewer overflow system in violation of such article shall not be subject to criminal sanctions; to provide that any such person shall not be prohibited from adding any additional sewer connections to such combined sewer overflow system.
Referred to the Committee on Natural Resources & Environment.

338

JOURNAL OF THE HOUSE,

SB 31. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
Referred to the Committee on Judiciary.

SB 75. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the solicitor of said court; to change the terms of said court; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 44. By Senators Starr of the 44th and Robinson of the 16th: A resolution re-creating the Joint Study Commission on Revenue Structure.
Referred to the Committee on Ways & Means.

Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HR 64. By Representatives Lane of the 55th, Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth
Cummings Davis.G

Davis,M Y Dickinson YDix Y Dixon.H
Dixon,S Dobbs Dover Y Ehrhart YEpps Y Evans Y Felton Floyd,J.M Y Floyd,J.W Godbee Y Golden Y Goodwin Y Greene Groover Hammond Manner Y Harris.B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H
JohnsonJED Y Johnson,G Y Johnson,J N Johnston Y Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J

WEDNESDAY, FEBRUARY 3, 1993

339

Y Moore Y Mosley Y Mueller
Oliver O'Neal Orrock Y Padgett Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag

Y Polak Y Porter Y Poston
Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan

Sherrill Y Shipp
Simpson Y Sinkfield
Skandalakis Y Skipper Y Smith,C
Smith.L Smith,P Smith,T Y Smith,V
Y Smith,W Smyre
YSnow

Y Stancil,F Y Stancil.S
Y Stanley,L Y Stanley,? Y Stephenson YStreat Y Taylor
Y Teague YTeper
Thomas.C Y Tillman Y Titus Y Towery Y Trense

Turnquest YTwiggs YVaughan
Walker YWall
Y Watson Watte
Y Westmorland White
Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Davis of the 60th, Hammond of the 32nd, Henson of the 65th, Powell of the 23rd, Skandalakis of the 45th and Thomas of the 100th 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 Johnston of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th, Mobley of the 86th and Dover of the 9th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.

The following amendment was read and adopted:

Representatives Dixon of the 150th and Dover of the 9th move to amend HB 2 as follows:
On Page 2, Line 7:
Strike "affect" and insert after the word "shall" and before the word "any" the followmg:
"include within the consolidated government".

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:

N Ashe N Atkins Y Bailey Y Baker Y Bannister

YBarfoot Y Bargeron YBarnes Y Bates Y Benefield

Y Birdsong N Bordeaux Y Bostick Y Breedlove Y BrooksJD

Y Brooks,T Y Brown YBuck Y Buckner YBunn

Y Burkhalter YByrd Y Campbell
Y Canty N Carlisle

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JOURNAL OF THE HOUSE,

Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark N Coker Y Coleman,B Y Coleman.T
Colwell N Connell
YCoi Y Crawford Y Crews Y Culbreth Y Cummings N Davis,G Y Davis,M Y Dickinson YDix Y Dixon,H Y Diion,S YDobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M

Y Floyd,J.W
Y Godbee Y Golden YGoodwin Y Greene Y Groover Y Hammond
Manner Y Harris,B Y Harris,M YHart N Heard N Hegstrom Y Hembree Y Henson Y Holland N Holmes
N Howard Y Hudson Y Hughes N Hugley Y James
N Jamieson Y Jenkins
Johnson,D.H Y Johnson,E
Y Johnson.G JohnsontJ
Y Johnston N Jones
Y Joyce

Kaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddoi
YMann N Martin Y McBee Y McClinton
N McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J N Moore Y Mosley Y Mueller Y Oliver Y O'Neal NOrrock N Padgett NParham

Y Parrish Y Patten N Pelote Y Perry Y Pinholster NPoag Y Polak N Porter
Poston Y Powell Y Purcell N RandaH Y Randolph
YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper Y Smith.C
Smith,L Y Sroith,P Y Smith.T Y Smith,V

Y Smith,W Smyre
YSnow Stancil,F
Y Stancil,S N Stanley.L N Stanley,? Y Stephenson
Y Streat N Taylor
Y Teague NTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan N Walker Y Wall
Y Watson Y Watts Y Westmoreland N White Y Williams.B N Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 134, nays 35.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Johnson of the 84th and Poston of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 98. By Representative Simpson of the 101st:
A resolution commending the Bowdon High School football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 135. By Representative Poston of the 3rd: A resolution commending Gene and Maxine Moore of Catoosa County.

HR 136. By Representatives Reaves of the 178th, Golden of the 177th and Patten of
the 176th: A resolution commending and recognizing Mr. James A. Bridges of Valdosta Technical Institute.

HR 137. By Representatives Smith of the 109th, Royal of the 164th, Hanner of the
159th, Carter of the 166th, Bostick of the 165th and others: A resolution commending the Georgia Rural Water Association.

WEDNESDAY, FEBRUARY 3, 1993

341

HR 138. By Representatives Vaughan of the 34th, Shipp of the 38th, Coker of the 31st, Clark of the 40th, Atkins of the 29th and others: A resolution commending the Cobb Education Consortium.

HR 139. By Representatives Teague of the 58th, Stanley of the 49th, McKinney of the 51st, Canty of the 52nd, Davis of the 48th and others: A resolution commending the members of the South Fulton County Junior Leadership Class of 1993.

HR 140. By Representatives Brooks of the 54th, Davis of the 48th and Teague of the 58th: A resolution expressing regret at the untimely passing of Kerry Alan James.

HR 141. By Representatives Brooks of the 54th and White of the 161st: A resolution expressing regret at the passing of Chief Justice Charles L. Weltner Sr.

HR 142. By Representatives Brooks of the 54th, White of the 161st and Canty of the 52nd: A resolution expressing regret at the passing of Robert B. Flanagan.

HR 143. By Representative Stancil of the 91st: A resolution recognizing the members and advisors of the Morgan County High School Chapter of the Future Farmers of America (FFA).

HR 144. By Representative Lawson of the 20th: A resolution commending and recognizing the Georgia Recreation and Park Association.

HR 145. By Representative Streat of the 167th: A resolution commending Charles and Mildred Elder.

HR 146. By Representative Streat of the 167th: A resolution commending "Mark" Harrison Elliott.

HR 147. By Representative Jamieson of the 22nd: A resolution recognizing the Georgia State Clogging Festival as the state's greatest clogging event.

HR 148. By Representatives Brooks of the 54th, McKinney of the 51st, Sinkfield of the 57th, White of the 161st, Stanley of the 50th and others: A resolution expressing regret at the passing of former United States Supreme Court Justice Thurgood Marshall.

HR 151. By Representative Smith of the 175th: A resolution commending the gifted students and teachers of Camden County High School.

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

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JOURNAL OF THE HOUSE,

HR 50. By Representative Reaves of the 178th:
A resolution recommending and urging the Commissioner of Agriculture to lease certain state owned real property, located in the City of Valdosta, Lowndes County, and under the control of the Department of Agriculture, to Mr. David Corbett.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks,D
Brooks.T N Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford N Crews Y Culbreth
Cummings Y Davis,G Y Davis,M Y Dickinson YDix Y Diion,H
Dixon,S Y Dobbs Y Dover N Ehrhart YEpps N Evans Y Felton
Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B N Harris.M NHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Holmes Howard
Y Hudson Y Hughes N Hugley N James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston
Jones N Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D YLane.R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas Y Maddox YMann
Martin Y McBee N McClinton
McKinney.B Milam N Mills

N Mobley,B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett YParham YParrish Y Patten Y Pelote Y Perry N Pinholster YPoag YPolak Y Porter Y Poston
Powell YPurcell YRandall N Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp
Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith,C Smith.L
Y Smith,P Smith.T
N Smith,V Y Smith,W
Smyre Snow Stancil.F Y Stancil.S Stanley ,L Y Stanley,P Y Stephenson YStreat Y Taylor
Teague YTeper
Thomas.C Tillman Y Titus Y Towery YTrense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland White Y Williams,B Y Williams.R YYates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 133, nays 18. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Dixon of the 150th, Powell of the 23rd and Stanley of the 50th 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 234. By Representative Cummings of the 27th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 3, 1993

343

A BILL
To amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter; to repeal Code Section 47-20-64, relating to the exemption of a certain bill relating to the authority of boards of trustees to increase benefits to offset certain taxation of benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, is amended by striking in its entirety Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter, which reads as follows:
"47-20-63. A bill which is introduced and enacted at the 1989 regular session of the General Assembly amending Chapter 7 of this title providing for the Georgia Firemen's Pension Fund shall not be subject to the requirements of this chapter if the bill as introduced and enacted contains statements of legislative findings substantially as follows:
(1) That it is necessary for the bill to become law without delay in order to avoid hardship to members and retired members of the Georgia Firemen's Pension Fund;
(2) That the Georgia Firemen's Pension Fund is actuarially sound; (3) That the changes in the law providing for the Georgia Firemen's Pension Fund which are accomplished by the bill will be fully financed by the Georgia Firemen's Pension Fund without the necessity of any appropriation by the General Assembly and without adversely affecting the actuarial soundness of the Georgia Firemen's Pension Fund."
Section 2. Said article is further amended by striking in its entirety Code Section 47-20-64, relating to the exemption of a certain bill relating to the authority of boards of trustees to increase benefits to offset certain taxation of benefits from the provisions of such chapter, which reads as follows:
"47-20-64. A bill which is introduced and enacted at the 1991 regular session of the General Assembly amending Code Section 47-1-30, relating to the authority of boards of trustees to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, to provide that such authority shall apply to both present and future retirees and beneficiaries shall not be subject to the requirements of this chapter, provided that any increase in benefits granted pursuant to such authority shall not apply to that portion of a benefit exceeding a certain amount and is consistent with maintaining the actuarial soundness of the retirement system in conformity with the minimum funding requirements of Code Section 47-20-10."
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 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 239. By Representatives Cummings of the 27th and Godbee of the 145th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan.

344

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 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 316. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards 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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and Smyre of the 136th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.

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

By unanimous consent, HB 168 was ordered immediately transmitted to the Senate.

HB 138. By Representative Wall of the 82nd:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful materials to minors, so as to make it unlawful to sell or loan for monetary consideration or otherwise furnish or disseminate to a minor through a computer or computer network certain sexual materials which are harmful to minors or the advertisement of the means of procurement of such sexual materials which are harmful to minors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

WEDNESDAY, FEBRUARY 3, 1993

345

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Public Safety and referred to the Committee on Judiciary.

HB 343. By Representatives Thomas of the 100th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to provide that sheriffs may hire their own legal counsel to defend all or specified civil, criminal, or quasi-criminal actions brought against such sheriff for actions arising out of the performance of such sheriffs duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, or statutory rights.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 86 Do Pass, by Substitute HB 161 Do Pass HB 41 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 113 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

HB 400 Do Pass HB 408 Do Pass

HB 409 Do Pass HB 410 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted,
/s/ Childers of the 13th Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 39 Do Pass, by Substitute
HB 93 Do Pass, by Substitute HB 95 Do Pass

HB 174 Do Pass
HB 242 Do Pass HB 258 Do Pass

Respectfully submitted, M Watson of the 139th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 227 Do Pass HB 29 Do Pass, by Substitute HB 172 Do Pass

HB 397 Do Pass, by Substitute HB 46 Do Pass, as Amended

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 72 Do Pass, by Substitute HB 73 Do Pass, by Substitute HB 139 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

WEDNESDAY, FEBRUARY 3, 1993

347

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.

Representative Walker of the 141st 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.

348

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 4, 1993

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 R. C. James, Pastor, Bristol Baptist Church, Bristol, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 449. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th and others: A bill to amend an Act to create the DeKalb Ad Valorem Tax Survey Commission, so as to change the compensation of the commission; to change the time for the organizational meeting.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 450. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th 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.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 4, 1993

349

HB 451. By Representative Poag of the 6th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for a fee for tag agents who collect sales and use tax with respect to the casual sale of a motor vehicle.
Referred to the Committee on Ways & Means.

HB 452. By Representatives Bostick of the 165th, Royal of the 164th and Carter of the 166th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act," so as to provide that in addition to other terms or conditions of probation, the trial judge may provide that probationers sentenced for felonies committed on or after July 1, 1993, to a period of time of not less than one year on probation as a condition of probation may be confined to a county correctional institution, jail, or other county detention facility.
Referred to the Committee on Judiciary.

HB 453. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to repeal an Act to make permanent certain existing Clarke County paid staff positions within the Office of the District Attorney of the Western Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, so as to provide for regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 455. By Representative Randall of the 127th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment may be required to participate in job training.
Referred to the Committee on Special Judiciary.

HB 456. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

350

JOURNAL OF THE HOUSE,

HB 457. By Representative Jamieson of the 22nd:
A bill to provide for a Stephens County Board of Registrations and Elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 458. By Representatives Hart of the 116th and Padgett of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to change the provisions relating to the compensation and expenses of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 459. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 460. By Representatives Mosley of the 171st, Smith of the 169th, Smith of the 174th, Stanley of the 50th, Coleman of the 142nd and others:
A bill to amend Articles 1 and 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education and powers of local boards regarding school property, so as to provide that the state board shall compile a collection of approved standard architectural and mechanical plans for schools, provide such plans to local school systems, assist local school systems in using such plans, and report to the General Assembly describing the plans available.
Referred to the Committee on Education.

HB 461. By Representatives Poag of the 6th, Kinnamon of the 4th and Mann of the 5th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 462. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 4, 1993

351

HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents.
Referred to the Committee on University System of Georgia.

HB 464. By Representatives Joyce of the 1st and Crews of the 78th:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
Referred to the Committee on Judiciary.

HB 465. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 466. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Americus," so as to provide council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 467. By Representative Holland of the 157th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to provide that such Code section shall not apply to checks dated with a date which is later than the date on which the check is issued if the person receiving the check is aware that the check is so dated.
Referred to the Committee on Special Judiciary.

HB 468. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to reconstitute the board of education of the independent school system of the City of Americus and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 469. By Representatives Holland of the 157th and Buckner of the 95th:
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 a statement of legislative intent; to define certain terms; to provide a Code of Fair Campaign Practices.
Referred to the Committee on Governmental Affairs.

352

JOURNAL OF THE HOUSE,

HB 470. By Representatives Skipper of the 137th and Banner of the 159th:
A bill to amend an Act creating the state court of Sumter County, so as to change the beginning date of the January term of court.
Referred to the Committee on Judiciary.
HB 471. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, so as to provide that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability.
Referred to the Committee on Judiciary.
HB 472. By Representatives Johnson of the 84th, Dix of the 76th, Johnston of the 81st, Coleman of the 80th, Breedlove of the 85th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, so as to authorize expenditures of such tax proceeds for certain conventions and trade show facilities funded by special county sales and use taxes.
Referred to the Committee on Ways & Means.

HB 473. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act entitled "An Act creating the office of Tax Commissioner of Liberty County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system; to provide in lieu thereof an annual salary.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 474. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act entitled "An Act to create the board of education of the Liberty County School District," so as to change the compensation of the members and chairman of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 475. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to the entry of a plea of nolo contendere to driving under the influence, so as to provide that a court shall require proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program as a condition of acceptance of a plea of nolo contendere to driving under the influence.
Referred to the Committee on Judiciary.

HB 476. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for two years.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 4, 1993

353

HB 477. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to provide for legislative intent; to provide for the establishment of certification criteria; to provide for regulation of locations of DUI Alcohol or Drug Use Risk Reduction Programs.
Referred to the Committee on Motor Vehicles.
HB 478. By Representatives Lawson of the 20th, Hughes of the 19th and Mills of the 21st:
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 recreation or convenience purposes in a county other than the county where the owner maintains a permanent legal residence.
Referred to the Committee on Ways & Means.
HB 479. By Representatives Lane of the 146th, Lane of the 55th, Godbee of the 145th, Streat of the 167th and Ray of the 128th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the time period with respect to issuance of plates and length of minimum service; to change certain provisions relating to transfers of license plates and revalidation decals.
Referred to the Committee on Motor Vehicles.

HB 480. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that no driver's license shall be reinstated and no new driver's license shall be issued to any DUI offender absent proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program.
Referred to the Committee on Motor Vehicles.

HB 481. By Representatives Atkins of the 29th, Klein of the 39th, Towery of the 30th, Coker of the 31st and Vaughan of the 34th:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the 1991 taxable year for certain residents of that county who have annual incomes not exceeding $50,000.00 and who are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 482. By Representatives Ehrhart of the 36th, Bannister of the 77th, Maddox of the 108th and Kaye of the 37th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of compensation liability in general, so as to provide procedures for the cancellation of workers' compensation insurance by the workers' compensation insurer.
Referred to the Committee on Industrial Relations.

354

JOURNAL OF THE HOUSE,

HB 483. By Representatives Coker of the 31st, Cauthorn of the 35th, Brooks of the 103rd and Ehrhart of the 36th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that, upon the death of a parent awarded custody under a divorce decree, any child 14 years of age or older shall have the right to select any surviving grandparent, aunt, or uncle as the person with whom he or she desires to live.
Referred to the Committee on Judiciary.

HB 484. By Representatives Williams of the 114th, Padgett of the 119th, Connell of the 115th, Shipp of the 38th and Towery of the 30th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies.
Referred to the Committee on Insurance.

HB 487. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 488. By Representative Martin of the 47th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in public schools, so as to repeal the requirements related to furnishing a social security number of a student prior to enrollment.
Referred to the Committee on Education.

HB 489. By Representatives Martin of the 47th and Campbell of the 42nd:
A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for reporting of court proceedings by a court reporter; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that depositions may be taken by a court reporter; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts so as to revise the definition of "court reporting".
Referred to the Committee on Judiciary.

HB 490. By Representatives Martin of the 47th and Thomas of the 100th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to the possession and carrying of firearms, so as to add state court solicitors and investigators and certain corresponding personnel of certain city courts to the list of persons exempt from certain provisions of law.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 4, 1993

355

HB 491. By Representative Randall of the 127th:
A bill to amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Respiratory Care Practices Act," so as to change the provisions relating to definitions; to change the powers of the Composite State Board of Medical Examiners; to change the provisions regarding persons who may obtain certification without meeting certain requirements.
Referred to the Committee on Health & Ecology.
HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.
Referred to the Committee on Education.
HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff position.
Referred to the Committee on Ways & Means.
HB 494. By Representatives Johnson of the 153rd, Smith of the 174th and Towery of the 30th:
A bill to amend Code Section 21-2-132 of the Official Code of Georgia Annotated, relating to filing a notice of candidacy, nomination petition, and affidavit by candidates for political office, so as to provide that the name of a candidate for a seat in the United States House of Representatives who has served in such office for six of the last 11 years shall not appear on the ballot.
Referred to the Committee on Rules.
HB 495. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Lee of the 94th and Floyd of the 138th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.
Referred to the Committee on Retirement.
HB 496. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain requirement for a physical examination as a part of the application for membership.
Referred to the Committee on Retirement.

356

JOURNAL OF THE HOUSE,

HB 497. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trustees of such fund to grant postretirement benefit increases when actuarially feasible.
Referred to the Committee on Retirement.

HB 498. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define a certain term; to provide for certain creditable service.
Referred to the Committee on Retirement.

HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits provided under the fund.
Referred to the Committee on Retirement.

HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becoming a sheriff, apply for membership.
Referred to the Committee on Retirement.

HB 501. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide that any member who was unmarried at the time he or she was required to accept or reject benefits coverage and who rejected such coverage and who subsequently marries or remarries may obtain such coverage by paying all required past amounts.
Referred to the Committee on Retirement.

HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.
Referred to the Committee on Retirement.

THURSDAY, FEBRUARY 4, 1993

357

HR 131. By Representative Holland of the 157th:
A resolution urging President Clinton, the Secretary of Agriculture, and the United States Senate to exercise caution in negotiating or approving international trade agreements that have an effect on Georgia peanut farmers and other agricultural interests.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 132. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law that the governing authority of any economically distressed county or municipal corporation may exempt from ad valorem taxation for a certain period the amount of increase in the value of personal or real property of persons or corporations engaged in certain activities.
Referred to the Committee on Ways & Means.

HR 133. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Johnson of the 97th, Chandler of the 99th and Buckner of the 95th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law.
Referred to the Committee on Industry.

HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.
Referred to the Committee on Transportation.

HR 150. By Representatives Smith of the 174th, Stancil of the 16th, Pinholster of the 15th, Ashe of the 46th, Dickinson of the 83rd and others:
A resolution creating the Joint Study Committee on Privatization of Certain Governmental Services.
Referred to the Committee on Rules.

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

HB 529. By Representatives Davis of the 48th, Lucas of the 124th, Stanley of the 50th, Wall of the 82nd, Breedlove of the 85th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to create "The Georgia Child Advocacy Act"; to provide for a short title; to provide for a statement of policy, to create the Georgia Child Advocacy Council.
Referred to the Committee on Children & Youth.

358

JOURNAL OF THE HOUSE,

HB 530. By Representatives Davis of the 48th, Lucas of the 124th, Stanley of the 50th, Wall of the 82nd, Breedlove of the 85th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to mandate reporting to the district attorney of testimony or other evidence of child abuse revealed in juvenile proceedings.
Referred to the Committee on Judiciary.

HB 531. By Representatives Davis of the 48th, Lucas of the 124th, Stanley of the 50th, Wall of the 82nd, Breedlove of the 85th 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 change certain provisions regarding the filing of a petition of deprivation; to provide that juvenile proceedings shall be open to the public except where a party to the proceedings has moved to have such proceedings closed.
Referred to the Committee on Judiciary.

HB 532. By Representatives Davis of the 48th, Lucas of the 124th, Stanley of the 50th, Sinkfield of the 57th, Wall of the 82nd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for instruction in parenting skills in grades eight through 12.
Referred to the Committee on Education.

HB 533. By Representatives Stanley of the 50th, Davis of the 48th, Martin of the 47th, Randall of the 127th and Stanley of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime.
Referred to the Committee on Judiciary.

HB 534. By Representatives Stanley of the 49th, Mobley of the 86th, Teague of the 58th, Stanley of the 50th, Baker of the 70th and others:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to define a certain term; to provide that when any peace officer has probable cause to believe that an act of family violence has occurred and can identify and locate the perpetrator, such officer shall immediately arrest the perpetrator without regard to the wishes of the victim.
Referred to the Committee on Judiciary.

HB 535. By Representatives Thomas of the 100th, Simpson of the 101st and Coleman of the 142nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to the exemption from public disclosure for certain records, so as to provide for a definition of the term "trade secret".
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 4, 1993

359

HB 538. By Representatives Simpson of the 101st, Thomas of the 100th, Cox of the 160th and Cauthorn of the 35th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards.
Referred to the Committee on Judiciary.

HB 542. By Representatives Coleman of the 142nd and Thomas of the 100th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft so as to provide for the offense of misappropriation of a trade secret.
Referred to the Committee on Judiciary.

HR 166. By Representatives Childers of the 13th, Lane of the 55th, Perry of the llth, Bostick of the 165th, Lane of the 146th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HB 416
HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423

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HB 441

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HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 485

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Representative Thomas of the 100th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

360

JOURNAL OF THE HOUSE,

Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 344 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HR 99 Do Pass HR 129 Do Pass

HR 100 Do Pass HR 101 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 252 Do Pass, by Substitute HB 321 Do Pass

HB 324 Do Pass HB 325 Do Pass

Respectfully submitted,
/s/ Randall of the 127th Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 332 Do Pass
HB 334 Do Pass HB 338 Do Pass
HB 364 Do Pass HB 365 Do Pass HB 393 Do Pass

HB 399 Do Pass
HB 406 Do Pass HB 411 Do Pass
HB 412 Do Pass HB 413 Do Pass

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361

Respectfully submitted, /s/ Lane of the 55th
Chairman

The following communication was received:

House of Representatives Legislative Office Building, Room 409
Atlanta, Georgia 30334

February 4, 1993

Memo to: Robert Rivers, Clerk of House

From: Gail Buckner, District 95

Re:

Absence on February 4 & 5

Due to unavoidable outpatient surgery on February 4, I will be absent from the House on that day.

It is my intention to make every effort to return to the House on Friday, February 5. Since I can't anticipate the outcome of the surgery, I feel it best to request my machine be locked for both days.

If I find that I can return on Friday, I will notify you first thing that morning.

Thanks for your help.

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

HB 332. By Representative Stancil of the 91st:
A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election 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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 334. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commissioners in the County of Harris," so as to provide for the dates of election of the members of the reconstituted 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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 338. By Representative Twiggs of the 8th:
A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 364. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as 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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 365. By Representatives Royal of the 164th and Greene of the 158th:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 393. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for a seventh member of the board of education, which member shall be appointed by the city council and shall serve until December 31, 1993.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 399. By Representatives Smith of the 169th and Mosley of the 171st: A bill to provide a new charter for the City of Blackshear.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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363

HB 406. By Representatives Shipp of the 38th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th, Barnes of the 33rd and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, 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 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 411. By Representative Epps of the 131st:
A bill to amend an Act creating a new charter for the Town of Moreland, so as to provide for two-year terms of office for the mayor and board of aldermen.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 412. By Representatives Polak of the 67th, McClinton of the 68th, Mobley of the 69th, Hegstrom of the 66th, Baker of the 70th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to change the composition of election districts from which city commissioners are elected; to reconstitute the Board of Education of the City of Decatur and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provi-

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 413. By Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th and Randall of the 127th: A bill to amend an Act creating the office of assistant solicitor of the State Court of Bibb County, so as to provide for an additional assistant solicitor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 2. The Bill, having received the requisite constitutional majority, was passed.
All Local Bills were ordered immediately transmitted to the Senate.

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JOURNAL OF THE HOUSE,

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

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

HB 103. By Representatives Greene of the 158th and Cox of the 160th:
A bill to reconstitute the Board of Education of Early County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 114. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that the city manager shall be engaged in no work or business outside of his or her duties as city manager unless authorized by the city commission.

HB 115. By Representative Bostick of the 165th:
A bill to provide a homestead exemption from the City of Tifton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that city; to provide such an exemption in the amount of $25,000.00 for certain such residents 65 years of age or older.

HB 123. By Representative Bostick of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide that municipal elections shall be held on a certain date.

SB 43. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act.

SB 45. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain requirements regarding public hearings by members of the State Board of Education.

SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such persons for certain expenses; to provide that such persons shall not be employees of the state.

THURSDAY, FEBRUARY 4, 1993

365

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

SR 7. By Senators Scott of the 36th, Robinson of the 16th and Oliver of the 42nd:
A resolution creating the Task Force on Educational Outcomes Based Flexibility.

SR 125. By Senators Coleman of the 1st and Alien of the 2nd: A resolution commending Walter Mitchell, Jr.

The Senate has agreed to the House Substitute to the following Bill of the Senate:

SB 23. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairperson of the board of elections.

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

SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crimes ,of stalking and aggravated stalking; to amend Article 1 of Chapter 5 of Title 42, relating to correctional institutions of the state and counties, so as to provide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.
Referred to the Committee on Judiciary.

SB 43. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the purpose of the "Quality Basic Education Act," so as to add certain goals to the Act.
Referred to the Committee on Education.

SB 45. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain requirements regarding public hearings by members of the State Board of Education.
Referred to the Committee on Education.

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JOURNAL OF THE HOUSE,

SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such persons for certain expenses; to provide that such persons shall not be employees of the state.
Referred to the Committee on Natural Resources & Environment.

SR 7. By Senators Scott of the 36th, Robinson of the 16th and Oliver of the 42nd:
A resolution creating the Task Force on Educational Outcomes Based Flexibility.
Referred to the Committee on Education.

The following Resolution of the Senate was read and adopted:

SR 125. By Senators Coleman of the 1st and Alien of the 2nd: A resolution commending Walter Mitchell, Jr.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Transportation.

HB 391. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier".

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 152. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A resolution commending the Thomas County Central High School football team and inviting the members of the team and their coaches to appear before the House of Representatives.

HR 153. By Representatives Connell of the 115th and Lawson of the 20th: A resolution commending Georgia artist Tim Arkansaw.

HR 154. By Representatives Connell of the 115th and Lawson of the 20th: A resolution commending the Georgia Citizens for the Arts.

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

THURSDAY, FEBRUARY 4, 1993

367

HR 99. By Representative Parrish of the 144th:
A resolution commending the Johnson County High School Trojans football team and inviting them to appear before the House of Representatives.

HR 100. By Representatives Golden of the 177th, Reaves of the 178th, Patten of the 176th and O'Neal of the 75th:
A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team and inviting Coach Hyder and members of the team to appear and be recognized before the House of Representative.

HR 101. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Buck of the 135th:
A resolution commending Dr. Fred Davison and inviting him to appear and be recognized before the House of Representatives.

HR 129. By Representatives Stanley of the 50th, McKinney of the 51st, Martin of the 47th, Davis of the 48th and Orrock of the 56th:
A resolution inviting Mayor Maynard Jackson to appear before the House of Representatives.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 300. By Representatives Godbee of the 145th, White of the 161st and Taylor of the 134th:
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 statutorily implement certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superintendents; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents.

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 statutorily implement certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superintendents; to change the qualifications for office for members of local boards of education; to provide for terms of such offices; to change the provisions relating to certifications of elections for, appointments to, and resignations from such offices; to change the provisions relating to vacancies in such offices; to change the provisions relating to compensation and expenses for such offices; to provide for nonpartisan primaries and nonpartisan elections for such offices; to change the provisions relating to selection and terms of chairpersons of such offices; to change the manner of employing superintendents of local school systems and the qualifications thereof and to provide for vacancies in those offices; to provide for the termination of school superintendent and the grounds, procedures, and consequences relating thereto; to specifically repeal provisions relating to qualifications, suspension, and removal of school superintendents

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JOURNAL OF THE HOUSE,

and vacancies in such offices; to change the provisions relating to annual performance evaluations; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions in Chapter 5 of Title 21, the "Ethics in Government Act," so as to delete certain references to elected school superintendents; to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, so as to change certain residency requirements for appointed school superintendents; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-51, relating to selection of members of county boards of education, and inserting in its place a new Code section to read as follows:
"20-2-51. (a) 5%e grand jafy of eaeh county, except those counties which fe wider a teeal system, shall, frem time te time, select from fee citizens ef the respective coun-
shall be elected for a term of five yeaw and shall held their offices until their successors
fil* ClCCtCQ. UlU QUAil11CQ j pPOVluCQ j ftOWCVCPj tflflti WO pU D119I1CF Oi 9CJ1OO1DOOK9j WOT fifty
agent for such publisher, nor any person whe shall be pecuniarily interested in the sate-
Or 9CI1OO1DOOKS 9flLll oC1 CllJ^lOiC1 tOf ClCCtlOn fi9 QICID DC1*9 Or filly DO&Kr Or CuUCfttlOU OP ft&
county seheel superintendent; provided, further, that whenever No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of education of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the county board, then the members of the county board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.
\O) "i RC U16I11 DC 1*9 Or Ul6 COUHty DOSWra Or CQUCStlOU itt tf!O3 COUHulCS tflr WfllCcl tllC
^FftiKt jury selects sucn menu DOTS sxicm DC soicctcct oy me I&SL ^jfftnu jury immcoiftt/ely
wfll replace. Whenever a member of a local board of education moves that person's domicile from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur; provided, however, where a school board member runs from a residency district but is voted on by electors in the entire school district, removal of the member from that person's residency district shall not result in a vacancy as long as the member continues to reside in that school district.
(c) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection shaH he applicable te att persons seeking te become elected er appointed te any local heard ef education. This subsection shall not apply to institutions above the high school level.
(d) In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such county board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member's position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board."
Section 2. Said chapter is further amended by striking Code Section 20-2-52, relating to residence and other qualifications of school board members, and inserting in its place a new Code section to read as follows:

THURSDAY, FEBRUARY 4, 1993

369

"20-2-52. ?% grand jtwyj kt selecting the members of the county beard ef education, shall net select ene of their ew mcmbcra then in soasion, ner shall they select any twe ef these selected from the same militia district er locality, ner shall they select any person who resides within the limits ef a leeal seheel oyotcm operated independently ef the county beard bat shall apportion members ef the county beard as far as practicable ever tne countyj mey siifiix elect persons or oou mopftx cii&rflctei?t wuo snout tiftve ftt leftst ft fear knowledge ef the elementary branches ef education end be favorable te the ptjbHe seheel system. Whenever a member ef the county beard meves his residence inte a militift district wftcre ftnotrier mem DGV or TRC county ooflfd resides OF 11110 ft district OF municipality that has ait independent local seheel ayatcm, the member changing his residence shall immediately cease te be en the county beard; and the vacancy shaft be filled as required by law: Notwithstanding the foregoing provisions te the contrary, a eetmty
selected frem the same militia diatrict. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided b% local Act or constitutional amendment."
Section 3. Said chapter is further amended by striking Code Section 20-2-53, relating to certifying selection of school board members, and inserting in its place a new Code section to read as follows:
"20-2-53. Whenever members ef a county beard ef education er county seheel superinteHQCHt fife oppointedt rt srifiii DC trie duty of Cfte clefs of trie superior couFtj wnen tu6 fluemDCFs of trie DOftFQ* of educ&tion ftre Appointed oy ttie p&nd jury^ OF trie seeretory
are appointed by the beard ef education, te forward te the Secretary ef State a certified statement ef the appointments; and commissions shall be issued as fer county officers. j. fie stfltemeftt? must jjive tfte nftme' ot tfle Appointee, wftofi^ tncy succeed ( wfictner tnc effiee was vacated by resignation, death, er otherwise, and the effective date ef the appointment. In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each county or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the election of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the Governor. All resignations from such boards, in addition to being submitted to the Governor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent."
Section 4. Said chapter is further amended by striking Code Section 20-2-54.1, relating to filling vacancies on local boards of education, and inserting in its place a new Code section to read as follows:
"20-2-54.1. (a) In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
vacancy shall be filled as follows: {A-} (1) If the vacancy occurs more than 90 days prior to the date of a general
election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and
<B> (2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education

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JOURNAL OF THE HOUSE,

shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
jury? vnG remftinm IHCDJDCP9 Or trie loccti DOflru or CQ.UCfltiont oy mfljon*y votCj snciiz select a qualified penen te fiH the vacancy until the next grand jury convcnca immedifltciy foiiowin tn occurrence of tiie vflcflncy dt wnicti time tfec fcuici jury sii&ii appoint a qualified person te serve for the remainder ef- the unexpired term? (b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a)(l)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district."
Section 5. Said chapter is further amended by striking Code Section 20-2-55, relating to per diem and expenses of local board members, and inserting in its place a new Code section to read as follows:
"20-2-55. (a) In any county local school system for which no local Act is passed, members of the local board of education shall, when approved by the 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 local school superintendent. In all counties the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes,
(b) (1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance cost shall be paid as an employee contribution by those members of the local board of education who elect to participate in the insurance offered by that board, based upon whether those members elect family or individual coverage.
(2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of subsection (b) of this Code section upon such person's ceasing to serve as a member of a local board of education. Such expenditure for the employer contribution shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education."
Section 6. Said chapter is further amended by striking Code Section 20-2-56 and inserting in its place a new Code section to read as follows:
"20-2-56. Reserved, (a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections of candidates to fill the offices of members of county boards of education using the procedures established in Code Section 21-2-139 or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Code Section 21-3-95.

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371

(b) Pursuant to the authority of this subsection, members of any county board of education who are required to be elected to such offices in nonpartisan primaries and elections, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to be elected in such nonpartisan primaries and elections, unless thereafter changed by local law."
Section 7. Said chapter is further amended by striking Code Section 20-2-57, relating to organization of local boards of education, and inserting in its place a new Code section to read as follows:
"20-2-57. (a) Upon Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairman,
beard policy, ahull chairperson to serve as such during the term for which he that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the 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 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 the superintendent to do. He The superintendent shall record in a book, to be provided for the purpose, all official proceedings of the 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 chairperson and countersigned by the secretary.
(b) Notwithstanding the provisions ef subsection (a) ef this Code section, aS coun-
According to toe xJ niteu otQtos decenmfn census of itroU OF ftny tuturc sucii consus( tne cnftiFmSR of tne Doflrd of ectttcfltion IOF sucii county sn&u DC elected fls provided iOF in
priate resolution adopted by the board, which resolution may be amended fre time te time by the beardr Pursuant to the authority of this subsection, any county board of education whose chairperson is required to be a member of that board who is elected at large from its school district, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to have as its chairperson that same member who is elected at large as designated by that local law, unless thereafter changed by. local law."

Section 8. Said chapter is further amended by striking Code Section 20-2-101, relating to the election of local superintendents of schools, and inserting in its place a new Code section to read as follows:
"20-2-101. Except h those counties whieh are ander a local system, aH county seheel siicm o elected oy tne (juftiincd voters of ttieIF PCspec11ve counties
quadr-cnniaHy e Tuesday after the first Monday i November, fe* terms ef fear years Dcinning OR t) cinu&Fy T toiiowin tne dfty of election. CJ&CR sn&n noiu ottice until nis successor ts cicctfid And (judiiticd^ ppoviued tnflt} if tncrc 19 itt ftsy county one OP more independent seheel systems net under the supervision ef the county seheel aupcrintcnd entj tiie voters of sucn independent system OF systems snflii not vote ift flny pfmiflry OF* election fer the county seheeJ superintendent. Bt this Code section shall net disqualify registered, qualified veters residing in the limits ef the quasi-independent aeheel district fre voting any primary e* election fe county school superintendent.
(a) Superintendents of each school system shall be employed under written contracts not to exceed two years in duration.
(b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral

372

JOURNAL OF THE HOUSE,

character, has never been convicted of any crime involving moral turpitude, and possesses the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission.
(c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter.
(d) This Code section shall not apply to any elected school superintendent in office on January lj 1993, during the term of office for which that person was elected.
(e) Where a vacancy occurs in the office of any elected superintendent of a local school system on or after January 1^ 1993, the local board shall appoint and employ a successor in accordance with this Code section.
(f) Local superintendents of schools who are appointed pursuant to contract shall be subject to termination for any reason specified in subsection (a) of Code Section 20-2-940. other than that specified in paragraph (6) of subsection (a) of Code Section 20-2-940. Such termination shall be subject to the procedures specified in subsections (b) through (Q of Code Section 20-2-940. In any appeal under Code Section 20-2-1160 of a decision to terminate a school superintendent, the chairperson of the local board of education terminating the superintendent, or that chairperson's designee, shall be substituted for the superintendent with regard to appeal duties otherwise required to be performed by the superintendent. When no timely appeal has been made of any decision upholding the superintendent's termination or the last such decision upholding the termination may not be further appealed, the termination decision shall become final and relieve the board of any obligation to make further payments to the superintendent under the superintendent's employment contract.
(g) Local superintendents of schools shall not acquire any substantive or procedural rights under Code Section 20-2-942 or any other law by reason of their service or employment in the event their contract with the employing board of education is not renewed."
Section 9. Said chapter is further amended by repealing Code Section 20-2-102, relating to qualifications of county school superintendents.
Section 10. Said chapter is further amended by repealing Code Section 20-2-105, relating to suspension of county school superintendents.
Section 11. Said chapter is further amended by repealing Code Section 20-2-106, relating to removal of the county school superintendent.
Section 12. Said chapter is further amended by repealing Code Section 20-2-107, relating to filling vacancies in the office of elected superintendents.
Section 13. Said chapter is further amended by striking Code Section 20-2-210, relating to annual performance evaluation, and inserting in its place a new Code section to read as follows:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be

THURSDAY, FEBRUARY 4, 1993

373

field tested and revised to meet established measurement criteria designed to provide for validity and reliability."
Section 14. Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions for purposes of Chapter 5 of Title 21, the "Ethics in Government Act," is amended by striking subparagraph (F) of paragraph (15) and inserting in its place a new subparagraph to read as follows:
"(F) Every elected county official? every elected county or saeeet seheel aupcrintcndeat; and every elected member of a county er area local board of education; and".
Section 15. Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, is amended by striking paragraph (7) thereof and inserting in its place a new paragraph to read as follows:
"(7) A person who has not been a bona fide citizen of the county in which he that person shall be elected or appointed at least 12 months prior to his that person's election or appointment and who is not a qualified voter entitled to vote; provided, however, triflt flny person wno sn&ii Rflvc been ft OORA tide citizen of ft county tor TE montns sndii be eligible te be elected er appointed as county seheel superintendent even though said-
county superintendent ef- schools and is ineligible te vote ift the election fer seh saperintendcnt ef schools; ei no prior state or county residency requirement shall be applicable to any appointed local superintendent of schools; or".
Section 16. This Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval except that Sections 1, 2, 3, and 4 shall become effective January 1, 1994, and except that Sections 10, 11, 13, and 14 shall become effective January 1, 1997.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Murphy of the 18th moves to amend the Committee substitute to HB 300 as follows:
By striking subparagraph (a) of 20-2-101 of Section 8 on page 12 and inserting the following paragraph
"Superintendents of each school system shall be employed by the local board of education under written contracts for term of not less than one (1) year and not more than four (4) years".

The following amendment was read and lost:

Representative Joyce of the 1st moves to amend the Committee substitute to HB 300 as follows:
On page 12, line 19 after "turpitude" add "and in which that person has not had his or her civil rights restored,".

The following amendment was read and adopted:

Representative Lawrence of the 64th moves to amend the Committee substitute to HB 300 as follows:
By adding the words "or their nominee" after the word "superintendent" on page 3, line 24, and line 29.

374

JOURNAL OF THE HOUSE,

The following amendment was read and lost:

Representative Teper of the 61st moves to amend the Committee substitute to HB 300 as follows:
On page 3 starting on line 33 strike everything after the word "state".
On page 4 starting on line 1 strike everything through the word "census" on line 2.

The following amendment was read and adopted:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 300 as follows:
Page 3 line 14 change semicolon to a period after word "occur" and strike balance of lines 14-19.

The following amendment was read:

Representatives Cauthorn of the 35th, Hammond of the 32nd and Barnes of the 33rd move to amend the Committee substitute to HB 300 as follows:
By striking from Section 6 after "20-2-56" the remaining language of Section 6 and inserting in lieu thereof the following:
"...nomination and election for the offices of members of boards of education shall be by nonpartisan primary and election."

The following amendment to the Cauthorn amendment was read and lost:

Representative Skandalakis of the 45th moves to amend the Cauthorn amendment to the Committee substitute to HB 300 as follows:
By striking from Section 6 after "20-2-56" the remaining language of Section 6 and inserting in lieu thereof the following:
"...nomination and election of the offices and members of boards of education shall be by nonpartisan primary and election. The General Assembly may provide by local law that a county governing authority shall not be required to conduct the elections of offices and members of boards of education by nonpartisan election.

The Cauthorn amendment was lost.

The following amendment was read and adopted:

Representatives Dobbs of the 92nd, Harris of the 112th and Barnes of the 33rd move to amend the Committee substitute to HB 300 as follows:
On page 12, line 19 add between the words "possesses" and "the" the following:
"acceptable business or management experience as specified by the Professional Standards Commission or".

The following amendment was read and adopted:

Representative Godbee of the 145th moves to amend the Committee substitute to HB 300 by adding the following after the period on line 14 of page 12:

THURSDAY, FEBRUARY 4, 1993

375

"Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after this subsection becomes effective, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed bjr the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before this subsection becomes effective as long as that contract was valid at
such time."

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck E Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M
Y Dickinson YDix Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M
Y FloydJ.W YGodbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland

Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B Y Milam Y Mills

N Mobley,B
Y MobleyJ Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak
Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Coleman of the 80th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Bunn of the 74th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

376

JOURNAL OF THE HOUSE,

By unanimous consent, further consideration of HB 66 was postponed until tomorrow morning, immediately following the period of unanimous consents.

The following Resolutions of the House were read and adopted:

HR 158. By Representative Channell of the lllth: A resolution celebrating the birth of Caroline Hart Bryant.

HR 159. By Representatives Coker of the 31st, Cauthorn of the 35th, Towery of the 30th, Ehrhart of the 36th, Shipp of the 38th and others:
A resolution commending and recognizing Miss Joanne Grogan, Miss Cobb County of 1993.

HR 160. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution commending and recognizing Mr. L. Carlton Gill of Bryan County.

HR 161. By Representatives Purcell of the 147th and Oliver of the 154th: A resolution commending and recognizing Mr. Lenny Panzitta.

HR 162. By Representatives Henson of the 65th, Turnquest of the 73rd, Baker of the 70th, Teper of the 61st, Williams of the 63rd and others:
A resolution commending The DeKalb Ambassadors.

HR 163. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Breedlove of the 85th, Barfoot of the 155th, Crews of the 78th and others:
A resolution recognizing and commending the Georgia State Defense Force.

HR 164. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Crews of the 78th, Poag of the 6th, Poston of the 3rd and others:
A resolution commending the Department of Veterans Affairs' national salute to hospitalized veterans.

HR 165. By Representatives Coleman of the 142nd, Parrish of the 144th, Godbee of the 145th, Greene of the 158th and Buck of the 135th:
A resolution commending "The Word on Business," a joint project of Atlanta Business Chronicle and The Georgia Council on Economic Education.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, beginning July 1, 1993, and ending June 30, 1994.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 4, 1993

377

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), as amended, particularly as amended by that certain act which originated as House Bill 121
of this session, so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to reduce appropriations
to the Department of Medical Assistance; to authorize general obligation debt for facilities of the Department of Defense; to provide an effective date; to repeal conflicting laws; and
for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as
amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 29, pertaining to the Depart-
ment of Medical Assistance, and by substituting in lieu thereof the following:

"Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................!
Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Medicaid Benefits, Penalties and Disallowances.......................................................................!
Payments to Counties for Mental Health...................................!
Audit Contracts...............................................................................!
SFY 1992 Medicaid Benefits, Penalties and Disallowances......................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

946.877,537 12,942,598 3,273,421
104,200 0
48,176 16,926,286
935,973 401,058 56,408,982
2,377,950,364 43,767,828 772,500
222.957.982 2,736,489,368
946,877,537

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

!

929,327

!

Benefits, Penalties

and Disallowances

! 2,644,676,174

$

Community Services

!

1,067,418

$

Systems Management

!

18,713,573

!

Professional Services

!

2,198,326

!

Program Compliance

!

4,570,579

$

Institutional Policy

and Reimbursement

!

6,488,687

$

Maternal and Child Health

!

482,950

!

Operations

!

57,362.334

!

Total

! 2,736,489,368

!

B. Budget Unit: Indigent Trust Fund................................................!

Per Diem, Fees and Contracts......................................................!

Benefits.............................................................................................!

Total Funds Budgeted....................................................................!

State Funds Budgeted....................................................................!

460,517
930,791,236 379,647
5,277,579 909,852
1,730,418
3,606,486 137,939
3.583,863 946,877,537 90.578.050
0 238.866,166 238,866,166 90,578,050"

378

JOURNAL OF THE HOUSE,

Section 2. The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, and the counties and munici-
pal corporations and authorities of the state with respect to location in Georgia of the proposed Defense Finance and Accounting Services site, in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will
include enhanced performance of defense and public functions, increased job opportunities, enhanced economic activity, and increased governmental revenues. Pursuant to that finding and declaration, it is hereby further declared to be a significant and important public
purpose for the state to fund by general obligation debt its participation in such an undertaking.

Section 3. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15,
1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 45, pertaining to State of Georgia General Obligation Debt Sinking Fund, and by substituting in lieu
thereof the following:

"Section 45. 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)....................................................*

318.728.059 68,310,000 387,038,059
13.440,000 0
13,440,000"

Section 4. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15,
1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 82, pertaining to provisions relative to Section 45, State of Georgia General Obligation Debt Sinking Fund
(and providing for the purposes of new debt), and by substituting in lieu thereof the following:

"Section 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund.

A.) Maturities not to exceed two hundred forty months.

Planning and Construction of Building for the
State Department of Defense

Principal Amount
$ 140,000,000

Debt Service
$ 13,440,000"

THURSDAY, FEBRUARY 4, 1993

379

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck
E Buckner Y Bunn N Burkhalter
YByrd N Campbell Y Canty Y Carlisle
Y Carrell Carter
Y Cauthorn Y Chambless Y Chandler Y Channel!
Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford N Crews Y Culbreth
Y Cummings Davis.G
N Davis,M Y Dickinson NDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Manner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson,G
N Johnson,J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein YLadd YLakly Y Lane.D Y LaneJR Y Lawrence Y Lawson YLee N Lewis YLord Y Lucas N Maddox NMann Y Martin Y McBee
McClinton Y McKinney.B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry N Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith, V Y Smith, W YSmyre YSnow Y Stancil,F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts N Westmoreland Y White Y Williams.B
Y Williams.R NYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 21st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Mueller of the 152nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 86 was ordered immediately transmitted to the Senate.

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

380

JOURNAL OF THE HOUSE,

HB 189 Do Pass, by Substitute HB 295 Do Pass

HB 297 Do Pass HB 298 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 131 Do Pass HB 197 Do Pass
Respectfully submitted, M Dixon of the 168th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 55 Do Pass HR 88 Do Pass HR 119 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 137 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the 9th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 5, 1993

381

Representative Hall, Atlanta, Georgia Friday, February 5, 1993

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 Dr. Russ Elkins, Pastor, Hand United Methodist Church, Pelham, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 503. By Representatives Skandalakis of the 45th, Felton of the 43rd, Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others: A bill to incorporate the City of Sandy Springs in Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 504. By Representative McKinney of the 51st: A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb and to create a new charter for said city, so as to provide for the election of members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.

382

JOURNAL OF THE HOUSE,

HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.
Referred to the Committee on Industry.

HB 506. By Representatives McBee of the 88th, Taylor of the 134th, Hugley of the 133rd, Heard of the 89th and Scoggins of the 24th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for continuing education for certain holders of certificates of registration.
Referred to the Committee on Health & Ecology.

HB 507. By Representative Barnes of the 33rd:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to provide for the selection of bailiffs.
Referred to the Committee on Judiciary.

HB 508. By Representatives Colwell of the 7th and Greene of the 158th:
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 upon completion of a defensive driving program or DUI Alcohol or Drug Use Risk Reduction Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a particular clinic or program or soliciting for a particular clinic or program.
Referred to the Committee on Motor Vehicles.

HB 509. By Representatives Carrell of the 87th and Stancil of the 91st:
A bill to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 510. By Representatives Parrish of the 144th, Chambless of the 163rd, Groover of the 125th, Atkins of the 29th, Parham of the 122nd and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain circumstances.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 5, 1993

383

HB 511. By Representatives Smith of the 174th, Jamieson of the 22nd, Mueller of the 152nd and Moore of the 113th:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents, so as to provide that such action or intervention may be brought when a child is adopted by a stepparent.
Referred to the Committee on Judiciary.

HB 512. By Representatives Bannister of the 77th, Coleman of the 80th and Johnston of the 81st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by an elementary or secondary school or by a club, organization, or group sponsored by or associated with an elementary or secondary school.
Referred to the Committee on Ways & Means.

HB 513. By Representatives Bannister of the 77th, Johnson of the 148th, Lawrence of the 64th and Atkins of the 29th:
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 authorize the payment of ad valorem taxes on real property and on motor vehicles by credit card.
Referred to the Committee on Ways & Means.

HB 514. By Representatives Bannister of the 77th, Coleman of the 80th, Johnston of the 81st, Breedlove of the 85th, Johnson of the 84th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for alternative staggered vehicle registration periods and require registration and licensing within those periods.
Referred to the Committee on Motor Vehicles.

HB 515. By Representatives Cauthorn of the 35th and Groover of the 125th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of an agency, so as to revise and clarify the provisions relating to the formality necessary to create an agency.
Referred to the Committee on Judiciary.

HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
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.
Referred to the Committee on Industry.

384

JOURNAL OF THE HOUSE,

HB 517. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to provide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to the foregoing.
Referred to the Committee on State Institutions & Property.

HB 518. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-235 of the Official Code of Georgia Annotated, relating to the powers of the Jekyll Island State Park Authority, so as to provide for a limitation on fee increases.
Referred to the Committee on State Institutions & Property.

HB 519. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
Referred to the Committee on State Institutions & Property.

HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd, Watson of the 139th and Burkhalter of the 41st:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes.
Referred to the Committee on Motor Vehicles.

HB 521. By Representative Simpson of the 101st:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a certain term; to provide that the agency employing any person who is granted involuntary separation benefits shall pay to the state treasury the actuarial cost of such benefits.
Referred to the Committee on Retirement.

FRIDAY, FEBRUARY 5, 1993

385

HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th, Lane of the 146th, Stancil of the 91st and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately supported on medical, scientific, technical, scholarly, or artistic issues is not subject to the provisions of said article.
Referred to the Committee on University System of Georgia.

HB 523. By Representative Barnes of the 33rd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers.
Referred to the Committee on Judiciary.

HB 524. By Representatives Holland of the 157th and Pinholster of the 15th:
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 the advertising of legal services shall contain a certain message.
Referred to the Committee on Judiciary.

HB 525. By Representative Barnes of the 33rd:
A bill to amend Code Section 43-39-1 of the Official Code of Georgia Annotated, relating to definitions regarding the practice and regulation of psychology, so as to revise the definition of the practice of psychology.
Referred to the Committee on Health & Ecology.

HB 526. By Representatives Harris of the 17th, Stancil of the 16th, Ashe of the 46th, Lawrence of the 64th and Pinholster of the 15th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to provide an exemption for food for human consumption.
Referred to the Committee on Ways & Means.

HB 527. By Representatives Bannister of the 77th, Ehrhart of the 36th, Stancil of the 16th, Culbreth of the 132nd, Lawrence of the 64th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that no person shall solicit membership or participation in any such fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.
Referred to the Committee on Industrial Relations.

386

JOURNAL OF THE HOUSE,

HB 528. By Representatives Colwell of the 7th and Poag of the 6th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge.
Referred to the Committee on Natural Resources & Environment.

HB 536. By Representatives Buck of the 135th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to income taxation of corporations, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corporation from certain sources outside the United States.
Referred to the Committee on Ways & Means.
HB 537. By Representatives Martin of the 47th, Simpson of the 101st, Chambless of the 163rd, Henson of the 65th, Dickinson of the 83rd and others:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to approval of physicians' assistants, so as to provide for the delegation of additional duties and functions to physicians' assistants.
Referred to the Committee on Health & Ecology.
HB 539. By Representatives Powell of the 23rd, Smith of the 174th, Cummings of the 27th, Chandler of the 99th, Skipper of the 137th and others:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to allowances on a service retirement under the Teachers Retirement System of Georgia and related matters, so as to remove a certain penalty for retirement under the age of 60 years.
Referred to the Committee on Retirement.
HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counselors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors.
Referred to the Committee on Insurance.

HB 541. By Representative Carrell of the 87th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certain health planning requirements, so as to provide for a new exemption for certain projects necessary to restore a hospital to its previous bed capacity in order to avoid substantial financial harm to that hospital.
Referred to the Committee on Health & Ecology.

HB 543. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provisions relating to action or breached bond or security deposit.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 5, 1993

387

HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights.
Referred to the Committee on Judiciary.

HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to contracts for the construction of an improvement to property other than a public work.
Referred to the Committee on Judiciary.

HB 546. By Representatives Watts of the 26th, Murphy of the 18th, Dover of the 9th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
Referred to the Committee on Transportation.

HB 547. By Representatives Watts of the 26th, Dover of the 9th, Lee of the 94th, Connell of the 115th, Floyd of the 172nd and others:
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 that certain heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state shall be subject to ad valorem taxation.
Referred to the Committee on Ways & Means.

HB 548. By Representative Dixon of the 168th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 549. By Representatives Skipper of the 137th, Vaughan of the 34th, Royal of the 164th, Harris of the 112th, Ehrhart of the 36th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by certain schools.

388

JOURNAL OF THE HOUSE,

By unanimous consent, HB 549 was ordered engrossed. Referred to the Committee on Ways & Means.

HB 550. By Representative Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Alma, so as to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 551. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages.
Referred to the Committee on Regulated Beverages.

HB 552. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid.
Referred to the Committee on Regulated Beverages.

HB 553. By Representatives Burkhalter of the 41st, Dixon of the 150th, Watson of the 139th, Dover of the 9th, Buck of the 135th and others:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding historic areas, so as to prohibit certain conduct with regard to monuments to persons who fought or died in the War Between the States.
Referred to the Committee on Game, Fish & Parks.

HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland.
Referred to the Committee on Appropriations.

HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore.
Referred to the Committee on Appropriations.

HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 5, 1993

389

HR 167. By Representatives Padgett of the 119th, Connell of the 115th and Brown of the 117th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, Royal of the 164th, Harris of the 112th and Stancil of the 91st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sale by certain schools.
Referred to the Committee on Ways & Means.

HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions.
Referred to the Committee on Insurance.

HB 569. By Representatives Murphy of the 18th, Walker of the 141st, Childers of the 13th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to change a definition relating to the Indigent Care Trust Fund; to provide for crediting to the fund of amounts dedicated or transferred thereto.
Referred to the Committee on Health & Ecology.

HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of members of the council; to provide for four members of the council to be elected from council districts and for two members to be elected at large.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 573. By Representatives Canty of the 52nd and Campbell of the 42nd:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships generally, so as to provide for definitions; to provide for certain grandparent's rights of visitation, contact, and information regarding the grandchildren.
Referred to the Committee on Judiciary.

390

JOURNAL OF THE HOUSE,

HB 575. By Representatives Canty of the 52nd, Holmes of the 53rd, Randall of the 127th, Campbell of the 42nd, Tillman of the 173rd and others:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to revise and change provisions regarding sole legal custody, joint custody, joint physical custody, and joint legal custody.
Referred to the Committee on Judiciary.

HB 576. By Representatives Canty of the 52nd, Campbell of the 42nd and Skandalakis of the 45th:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Annotated, relating to grounds for exercise of jurisdiction over a nonresident, so as to provide expressly for jurisdiction over a nonresident in petitions for modification of child support or alimony in certain circumstances.
Referred to the Committee on Judiciary.

HB 577. By Representatives Canty of the 52nd, Campbell of the 42nd, Tillman of the 173rd and Skandalakis of the 45th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, so as to change the provisions relating to the computation of the child support award.
Referred to the Committee on Judiciary.

HB 578. By Representatives Coleman of the 142nd, Martin of the 47th, and Dover of the 9th:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide for the levy and collection of an excise tax on the furnishing of food, beverages, and alcoholic beverages by food service establishments.
Referred to the Committee on Ways & Means.

HB 579. By Representatives Canty of the 52nd, Randall of the 127th, Campbell of the 42nd, Tillman of the 173rd and Davis of the 48th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment shall not be imprisoned for non-payment of child support; to provide that a court may order such parent to enter a public job training rehabilitation program.
Referred to the Committee on Judiciary.

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

HB 449
HB 450 HB 451
HB 452 HB 453

HB 454
HB 455 HB 456
HB 457 HB 458

FRIDAY, FEBRUARY 5, 1993

391

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Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the fol
lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 340 Do Pass
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Lane of the 55th 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 363 Do Pass HB 378 Do Pass HB 414 Do Pass
HB 442 Do Pass

HB 443 Do Pass HB 444 Do Pass SB 75 Do Pass

392

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 363. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to reconstitute the Board of Education of Catoosa County, Georgia, and provide for its powers, duties, rights, obligations, and liabilities and sub ject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 378. By Representative Barfoot of the 155th:
A bill to amend an Act providing for the election of members of the Board of Education of Toombs County, so as to provide for the nonpartisan nomi nation and election of members of the board of education of Toombs 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 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 414. By Representative Hudson of the 156th:
A bill to reconstitute the Board of Education of Irwin County and provide for its powers, duties, rights, obligations and liabilities and subject it to cer tain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 442. By Representative Powell of the 23rd:
A bill to amend the Hart County Water and Sewer Utility Authority Act, so as to provide for a statement of intent and purpose; to change the provisions relating to the membership of the authority and the appointment and terms of 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 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 5, 1993

393

HB 443. By Representative Powell of the 23rd: A bill to create the Board of Commissioners of Hart 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 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 444. By Representative Powell of the 23rd:
A bill to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

SB 75. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the State Court of Glynn County, as amended, so as to change the compensation of the solicitor of said court; to change the terms of said court; 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 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 11. By Senators Hooks of the 14th, Garner of the 30th, Robinson of the 16th 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to pro vide for repair of nonconformities; to provide for return and replacement of wheelchairs.

394

JOURNAL OF THE HOUSE,

SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments.

SB 70. By Senators Kemp of the 3rd, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Anno tated, relating to state printing and documents, so as to provide that statio nery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applica bility.

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

SB 11. By Senators Hooks of the 14th, Garner of the 30th, Robinson of the 16th 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to pro vide for repair of nonconformities; to provide for return and replacement of wheelchairs.
Referred to the Committee on Industry.

SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments.
Referred to the Committee on Defense & Veterans Affairs.

SB 70. By Senators Kemp of the 3rd, Hill of the 4th, Perdue of the 18th and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Anno tated, relating to state printing and documents, so as to provide that statio nery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applica bility.
Referred to the Committee on State Planning & Community Affairs.

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

FRIDAY, FEBRUARY 5, 1993

395

HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to des ignate the authority to apprehend unruly and delinquent children with the appropriate state department.

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

HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to the purchase of insurance by the commissioner of adminis trative services, so as to authorize the purchase of liability insurance for attention and contract home parents providing services through the Depart ment of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.

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

The Speaker Pro Tern assumed the Chair.

HB 227. By Representative Murphy of the 18th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for physical custody of suspended drivers' licenses by the Department of Public Safety.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 169. By Representative Mobley of the 86th: A resolution commending Joe C. Harwell.

HR 170. By Representatives McBee of the 88th, Buck of the 135th, Walker of the 141st, Scoggins of the 24th, Heard of the 89th and others:
A resolution commending the 1992 University of Georgia football team and Head Coach Ray Goff.

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JOURNAL OF THE HOUSE,

HR 171. By Representative Mobley of the 86th: A resolution commending Carl Juan Hale.

HR 172. By Representative Mobley of the 86th: A resolution commending Jim Harwell.

HR 173. By Representative Mobley of the 86th: A resolution commending Jimmie Ruth Hunter.

HR 174. By Representative Mobley of the 86th: A resolution commending Chester Lenore Spain.

HR 175. By Representative Mobley of the 86th: A resolution commending Beatrice Watson Anchors.

HR 176. By Representative Connell of the 115th: A resolution commending the Georgia Parent-Teacher Association.

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

HB 66. By Representatives Dover of the 9th, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change certain provisions relating to advertisement of certain property tax increases; to change certain provisions relating to bona fide conservation use property.

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 change certain provisions relating to bona fide conservation use property; to change certain ownership requirements; to require the sub mission of additional records under certain circumstances; to prohibit certain denials of current use assessment; to provide for additional qualifications; to change certain provi sions regarding penalties for breach of certain covenants; to provide that the Department of Revenue shall by rule promulgate certain current use values only under certain specified conditions; to change the weight factors of certain data; to provide for crop-reporting dis tricts; to provide for limits on certain value increases or decreases; to revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information; to provide for additional contents of such report; to revise and change certain provisions relating to the advertisement of intent to increase property tax; to change certain definitions; to change certain millage computations; to specify the time and place of certain public hearings; to provide for notice of certain assessment options; to pro vide for other matters relative to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 5, 1993

397

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 division (a)(l)(C)(iv) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new division (a)(l)(C)(iv) to read as follows:
"(iv) A family owned farm corporation, the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natu ral or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought and which family farm cor poration does not own more than 3,000 acres of tangible real property in this state; or".
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place new paragraphs (2), (2.1), and (2.2) to read as follows:
"(2) The owner of a tract, lot, or parcel of land totaling less than ten acres ay shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(2.1) No property shall qualify as bona fide conservation use property if such prop erty is at the time of application for current use assessment subject to a restrictive cove nant which prohibits the use of the property for any purpose described in subparagraph (a)(l)(E) of this Code section;
(2.2) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the area in which such property is located;".
Section 3. Said chapter is further amended by striking subsection (1) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (1) to read as follows:
"(1) (1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant ad .
(2) (A) Such penalty shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the first five years of the covenant period.
(B) If the breach occurs during the sixth through the tenth year of the covenant period, the penalty shall be computed by multiplying the difference between the total amount of tax paid pursuant to current use assessment under this Code sec tion and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period times:
(i) A factor of 1.8 if the breach occurs in the sixth year of the covenant period;
(ii) A factor of 1.6 if the breach occurs in the seventh year of the covenant period;
(iii) A factor of 1.4 of the breach occurs in the eighth year of the covenant period;
(iv) A factor of 1.2 if the breach occurs in the ninth year of the covenant period; or
(v) A factor of one if the breach occurs in the tenth year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached."
Section 4. Said chapter is further amended by striking subsection (p) of Code Sec tion 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (p) to read as follows:

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"(p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of
the property subject to the covenant for purposes of mineral exploration if the pri mary use of the property continues to be the good faith production from or on the land of agricultural products; er
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes;; or
(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period."
Section 5. Said chapter is further amended by striking subsection (s) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (s) to read as follows:
"(s) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees2 the Conservation Use Valuation Approval Group, and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48.5-7.5. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommenda tions regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commissioner deems relevant."
Section 6. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of a report of certain ad valorem tax information, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal effaa ef- such county throughout the county. Such report shall be in a promi nent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the valid ity of the levy. Such report shall contain the following:
(1) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year and shall indicate all required information with respect to the incorporated area, unincorporated area, and a combination of incorporated and unincorporated areas; and
(2) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with

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respect to the immediately preceding calendar year? and shall indicate all required information with respect to the incorporated area, unincorporated area, and a combi nation of incorporated and unincorporated areas; and
(3) The revenues, expenditures, assets, and debts of all funds and agencies of the county and school district and any municipality, independent school district, or local independent authority located within such county or school district for the current calendar year and the preceding five calendar years. Such report shall describe in a clear and easily understandable manner any and all actions taken by such county, school district, municipality, independent school district, or local independent author ity to incur indebtedness. For purposes of this paragraph, the term 'debt' means any and all indebtedness by whatever means created, including, but not limited to, shortterm and long-term indebtedness, bonded indebtedness, contractual obligations, and lease and lease purchase arrangements and the term 'local independent authority' means any local public body corporate and politic created for a county, municipality, consolidated government, or combination thereof, which is authorized to issue bonds under the Constitution and laws of this state. (b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report."
Section 7. Said chapter is further amended by striking Code Section 48-5-32.1, relat ing to the advertisement of intent to increase property tax, and inserting in its place a new Code Section 48-5-32.1 to read as follow:
"48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value
of property. (2) 'Certified tax digest' means that annual property tax digest certified by the tax
commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment value additions certified by the tax assessor. (7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdi vision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (8) 'Values added by reassessments Value additions' means all taxable assessed values added to the certified tax digest as a result ef revaluation ef- existing real prop erty, net including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property, (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal
wnicivj cxciu.91vc ot vfliucs CWTQCQ oy new constructiont fiutition91 QCic11ons ELHCI

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property added er deleted dae te geographic boundary changes bat inclusive ef vahres added by reaaacaamcnta, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the govern ing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph.
(2) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE OF TO PROPERTY TAX INCREASE TAXPAYERS
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).' Simultaneously with this notice the governing authority shall provide a press release to the local media. Such public hearing shall be conducted at a place which is conve nient to the taxpayers and shall be scheduled on a weekday at 7:00 P.M. (3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection. (6) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hear ings as required in this Code section. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate."
Section 8. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-5-269, relating to certain uniform books, records, manuals, and values, and insert ing in its place new subsections (b) and (c) to read as follows:
"(b) The commissioner shall promulgate after consultation with the Department ef Agficulturc, the Georgia Agricultural Statistical Service, the Georgia Forestry Commiasiea; the Department ef- Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing the current use value of bona fide conservation use property. Such rules and regulations shall be promulgated only after consultation with and approval by the Conservation Use Valua tion Approval Group, which shall consist of a designee of each of the following: the

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Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia For estry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service. Such rules and regulations and the valuation tables con tained in such rules and regulations must be approved by a majority vote of such group. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitali zation of net income, with sales data to be weighted 36 5 percent and income capitali zation values to be weighted 66 95 percent. Income capitalization values shall be derived from the respective conservation use property classifications, with considera tion given to productivity of the respective major geological or geographical regions, and for this purpose:
(A) Net income shall be determined for: (i) Crop land by calculating the five-year weighted average of per-acre net
income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state;
(ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
(iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and (B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced by regulations 26 C.F.R. 20.2032A-4(e);
(ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, respectively; and
(iv) A property tax component which shall be the five-year average true tax rate for each county;
(2) The state shall be divided into appropriate geographical regions the nine cropreporting districts as delineated by the Georgia Agricultural Statistical Service for the purpose of determining any calculation under this subsection;
(3) In no event may the current se value ef- any conservation ase property increase er decrease during a covenant period by mere tha 4 percent frer* its- current use vfliuc tor wic previous tftxduic y^or of incrcfise or decFCQSC duping d jcovcnt&iix period by ore than 26 percent frem the first yea* ef- the covenant period- valuations under this subsection increase or decrease by more than 4 percent from the previous year; and
(4) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this sub section.
(c) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 25 percent from the first year of the covenant period. For purposes of determining the limitations imposed by this subsection only, current use value shall include any improvements on bona fide conservation use property."

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Section 9. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-5-306, relating to notice of changes made in certain taxpayer returns, and inserting in its place a new subsection (b) to read as follows:
"(b) The notice required to be given by the county board of tax assessors under sub section (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these val ues to the county board of tax assessors and the county board of equalization and to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).' Such notice shall be accompanied by a brief written summary of the provisions of Code Section 48-5-7.4 which summary shall be prepared by the Conservation Use Valuation Approval Group and distributed to each board of assessors by the department."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1993.
Section 11. 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:

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 change certain provisions relating to bona fide conservation use property; to change certain ownership requirements; to require the sub mission of additional records under certain circumstances; to prohibit certain denials of current use assessment; to provide for additional qualifications; to change certain provi sions regarding penalties for breach of certain covenants; to change the weight factors of certain data; to provide for crop-reporting districts; to provide for limits on certain value increases or decreases; to revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information; to provide for additional con tents and recipients of such report; to revise and change certain provisions relating to the advertisement of intent to increase property tax; to change certain definitions; to change certain millage computations; to specify the time and place of certain public hearings; to provide for notice of certain assessment options; to provide for other matters relative to the foregoing; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking division (a)(l)(C)(iv) of Code

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Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new division (a)(l)(C)(iv) to read as follows:
"(iv) A family owned farm corporation, the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natu ral or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought and which family farm cor poration does not own more than 3,000 acres of tangible real property in this state; or".
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place new paragraphs (2), (2.1), and (2.2) to read as follows:
"(2) The owner of a tract, lot, or parcel of land totaling less than ten acres may shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(2.1) No property shall qualify as bona fide conservation use property if such prop erty is at the time of application for current use assessment subject to a restrictive cove nant which prohibits the use of the property for any purpose described in subparagraph (a)(l)(E) of this Code section;
(2.2) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the area in which such property is located;".
Section 3. Said chapter is further amended by striking subsection (1) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (1) to read as follows:
"(1) (1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and .
(2) (A) Such penalty shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the first five years of the covenant period.
(B) If the breach occurs during the sixth through the tenth year of the covenant period, the penalty shall be computed by multiplying the difference between the total amount of tax paid pursuant to current use assessment under this Code sec tion and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period times:
{i)__A factor of 1.8 if the breach occurs in the sixth year of the covenant period;
(ii) A factor of 1.6 if the breach occurs in the seventh year of the covenant period;
(iii) A factor of 1.4 if the breach occurs in the eighth year of the covenant period;
(iv) A factor of 1.2 if the breach occurs in the ninth year of the covenant period; or
(v) A factor of one if the breach occurs in the tenth year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached."
Section 4. Said chapter is further amended by striking subsection (p) of Code Sec tion 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (p) to read as follows:
"(p) The following shall not constitute a breach of a covenant:

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(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the pri mary use of the property continues to be the good faith production from or on the land of agricultural products; ef
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes;; or
(3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period."
Section 5. Said chapter is further amended by striking subsection (s) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (s) to read as follows:
"(s) The commissioner shall annually submit a report to the Governor^ the Depart ment of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Coop erative Extension Service and the House Ways and Means, Natural Resources and Envi ronment, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section and Code Section 48-5-7.5. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regard ing state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commis sioner deems relevant."
Section 6. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of a report of certain ad valorem tax information, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ ef- stieh county throughout the county. Such report shall be in a promi nent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the valid ity of the levy. Such report shall contain the following:
(1) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year and shall indicate all required information with respect to the incorporated area, unincorporated area, and a combination of incorporated and unincorporated areas; and
(2) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this

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paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year: and shall indicate all required information with respect to the incorporated area, unincorporated area, and a combi nation of incorporated and unincorporated areas; and
(3) The revenues, expenditures, assets, and debts of aU funds and agencies of the county and school district and any municipality, independent school district, or local independent authority located within such county or school district for the current calendar year and the preceding five calendar years. Such report shall describe in a clear and easily understandable manner any and all actions taken by such county, school district, municipality, independent school district, or local independent author ity to incur indebtedness. For purposes of this paragraph, the term 'debt' means any and all indebtedness by whatever means created, including, but not limited to, shortterm and long-term indebtedness, bonded indebtedness, contractual obligations, and lease and lease purchase arrangements and the term 'local independent authority' means any local public body corporate and politic created for a county, municipality, consolidated government, or combination thereof, which is authorized to issue bonds under the Constitution and laws of this state. (b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report."
Section 7. Said chapter is further amended by striking Code Section 48-5-32.1, relat ing to the advertisement of intent to increase property tax, and inserting in its place a new Code Section 48-5-32.1 to read as follows:
"48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value
of property. (2) 'Certified tax digest' means that annual property tax digest certified by the tax
commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values aeWed by Fcoascasmcnt value additions certified by the tax assessor. (7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdi vision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (8) 'Values added by reassessments Value additions' means all taxable assessed values added to the certified tax digest as a result ef- revaluation ef- existing real prop erty; net including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property, (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and

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(3) Instructions describing the method to compute a millage rate for the next fiscal year whichT exclusive of values added by ew construction, additions, deletions, and property added er deleted de te geographic boundary changes tart inclusive ef-vatees added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the govern ing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph.
(2) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE GF TO PROPERTY TAX INCREASE TAXPAYERS
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).' Simultaneously with this notice the governing authority shall provide a press release to the local media. Such public hearing shall be conducted at a place which is conve nient to the taxpayers and shall be scheduled on a weekday at 7:00 P.M. (3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection. (6) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hear ings as required in this Code section. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate."
Section 8. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-5-269, relating to certain uniform books, records, manuals, and values, and insert ing in its place new subsections (b) and (c) to read as follows:
"(b) The commissioner shall promulgate after consultation with the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commis sion, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing the current

FRIDAY, FEBRUARY 5, 1993

407

use value of bona fide conservation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the fol lowing provisions and criteria:
(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitali zation of net income, with sales data to be weighted 36 5 percent and income capitali zation values to be weighted 66 95 percent. Income capitalization values shall be derived from the respective conservation use property classifications, with considera tion given to productivity of the respective major geological or geographical regions, and for this purpose:
(A) Net income shall be determined for: (i) Crop land by calculating the five-year weighted average of per-acre net
income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state;
(ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
(iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and (B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced by regulations 26
C.F.R. 20.2032A-4(e); (ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity
is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; ad
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and
20 percent, respectively; and (iv) A property tax component which shall be the five-year average true tax
rate for each county; (2) The state shall be divided into appropriate geographical fegjens the nine cropreporting districts as delineated by the Georgia Agricultural Statistical Service for the purpose of determining any calculation under this subsection; (3) In no event may the ettffent s value ef any conservation ase property increase or decrease daring a covenant period- by mere than 4 percent fre it current use vftluc tor trie previous tftxsuic yeftf of mcpcflse or QCCPCftsc UUFIH ft coven&nt period by mere than 36 percent from the first yea* ef- the covenant peried valuations under this subsection increase or decrease by more than 4 percent from the previous year; and (4) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this sub section. (c) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 25 percent from the first year of the covenant period. For purposes of determining the limitations imposed by this subsection only, current use value shall include any improvements on bona fide conservation use property."
Section 9. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-5-306, relating to notice of changes made in certain taxpayer returns, and inserting in its place a new subsection (b) to read as follows:

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"(b) The notice required to be given by the county board of tax assessors under sub section (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors and the county board of equalization and to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).' Such notice shall be accompanied by a brief written summary of the provisions of Code Section 48-5-7.4 which summary shall be prepared by the department and distributed to each board of tax assessors by the department."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1993.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 174th moves to amend the Floor substitute to HB 66 as follows:
To amend lines 16 & 17 on page 6 by deleting the words "of general circulation" and inserting "which is the legal organ of such county".
and to amend lines 8 & 9 on page 11 by deleting the words "of general circulation" and inserting the words "which is the legal organ of such county".

The following amendment was read:

Representative Lawrence of the 64th moves to amend the Floor substitute to HB 66 as follows:
By deleting Section 3, and renumbering the following sections accordingly.

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

N Ashe N Atkina Y Bailey N Baker Y Bannister N Barfoot
Bargeron N Barnes

N Bates Y Benefield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks.D N Brooks.T

N Brown
NBuck E Buckner
Y Bunn N Burkhalter
NByrd Y Campbell
N Canty

N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers

N Clark N Coker Y Coleman,B N Coleman.T N Colwell
Connell NCoi N Crawford

FRIDAY, FEBRUARY 5, 1993

N Crews N Culbreth N Cummings N Davis.G Y Davis.M Y Dickinson NDix N DUon,H
N Dixon,S NDobbs N Dover
Ehrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin
N Greene N Groover N Hammond N Hanner N Harris.B Y Harris,M NHart N Heard

N Hegstrom Y Hembree Y Henson N Holland N Holmes N Howard N Hudson N Hughes Y Hugley N James Y Jamieson
Jenkins Johnson,D.H N Johnson,E Y Johnson.G N Johnson,J Y Johnston N Jones Y Joyce Kaye N Kinnamon N Klein NLadd YLakly N Lane,D N Lane,R Y Lawrence Y Lawson

YLee Y Lewis NLord N Lucas Y Maddoi YMann N Martin N McBee Y McClinton
McKinney,B NMilam Y Mills N Mobley,B N Mobley,J Y Moore N Mosley Y Mueller
Oliver N O'Neal N Orrock N Padgett N Parham
N Parrish Patten
N Pelote N Perry Y Pinholster
NPoag

N Polak N Porter Y Poston N Powell N Purcell NRandall N Randolph NRay N Reaves Y Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill NShipp N Simpson
Sinkfield N Skandalakis N Skipper N Smith.C N Smith.L
N Smith,? N Smith.T Y Smith.V Y Smith.W
Smyre NSnow

On the adoption of the amendment, the ayes were 43, nays 121. The amendment was lost.

409
N Stancil,F Y Stancil,S N Stanley.L N Stanley,? N Stephenson N Street Y Taylor NTeague YTeper N Thomas.C N Tillman N Titus Y Towery Y Trense
Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts Y Westmoreland N White
Williams.B N Williams.R N Yates N Yeargin
Murphy,Spkr

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 Ashe Y Atkins Y Bailey Y Baker N Bannister YBarfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck E Buckner NBunn Y Burkhalter
YByrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers

Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson NDix Y Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans N Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Hanner

Y Harris.B N Harris.M NHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes N Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E N Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye N Kinnamon Y Klein YLadd NLakly Y Lane,D YLane,R N Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas N Maddoz NMann Y Martin Y McBee Y McClinton
McKinney.B N Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster
NPoag Y Polak Y Porter Y Poston Y Powell

Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper N Smith.C Y Smith.L Y Smith,P N Smith,T N Smith,V N Smith.W
Smyre YSnow Y Stancil,F N Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat N Taylor YTeague

410
Y Teper Y Thomas.C Y Tillman Y Titus

JOURNAL OF THE HOUSE,

Y Towery N Trense
Turnquest
Y Twiggs

Y Vaughan Y Walker
Y Wall
Y Watson

Y Watts N Westmoreland
Y White
Y Williams.B

Y Williams,R Y Yates
Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
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 a probation officer with discretionary authority for the taking into custody and detention of a child under the supervision or care of such officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 142 by striking the word "and" on line 27 of page 10.
By striking the period at the end of line 13 on page 11 and inserting in lieu thereof a semicolon and the word "and".
By adding between lines 13 and 14 on page 11 the following:
"(K) The acquisition, construction, improvement, modification, or expansion of a planned community development."

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 122, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

FRIDAY, FEBRUARY 5, 1993

411

HB 222. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner.

The following amendment was read and adopted:

Representatives Harris of the 112th, Royal of the 164th and Skipper of the 137th move to amend HB 222 by striking "and" on line 20 of page 1 and inserting in its place "or".
By striking "tax" on line 21 of page 1 and inserting in its place "tax, or both".
By striking "and" on line 5 of page 2 and inserting in its place "or".
By striking "tax" on line 8 of page 2 and inserting in its place "tax, or both, pursuant to such designation".

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

HB 76. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Anno tated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or sym bol directing attention to a disclaimer regarding the availability of merchan dise or services advertised for sale.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HB 76 by inserting on line 17 of page 1 between the words "limited" and "shall" the following:
"or any statement containing the conditions of a lease or rental agreement".
By striking the word "one-fifth" on line 21 of page 1 and inserting in lieu thereof the following:
"one-half.
By inserting on line 24 of page 1 between the word "type" and the period the follow ing:
"in Helvetica font".

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 123, nays 2.

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JOURNAL OF THE HOUSE,

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

HR 85. By Representatives Oliver of the 154th, Floyd of the 172nd, Milam of the 130th, Bates of the 179th, Carrell of the 87th and others:
A resolution urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the United States Congress to take all necessary and appropriate action to reduce the regulatory burden on banks; and for other purposes.
WHEREAS, billions of dollars of regulatory paperwork costs are imposed on the bank ing industry each year; and
WHEREAS, in a recent survey by the American Bankers Association, it was found that banks spend an estimated $10.7 billion a year on compliance; and
WHEREAS, banks with assets of less than $50 million, which represents half of the banks in the nation, are hit particularly hard and spend 25 percent of their operating costs on regulatory compliance; and
WHEREAS, in Georgia alone, $300 million was spent last year in regulatory compli ance; and
WHEREAS, compliance costs absorb scarce banking resources that could be better used for the core business of banking - making loans and providing high-quality financial products and services to customers; and
WHEREAS, the excessive volume of red tape discourages some banks from effectively offering certain banking products to their customers, and has grown so large over the last decade that the costs of compliance are totally out of balance with the intended benefits of the regulations; and
WHEREAS, the costs can be significantly reduced without compromising the effec tiveness of the basic laws designed to assure bank safety and soundness; and
WHEREAS, less regulatory burden would create more credit for local consumers and businesses, and more reasonable fees and rates for customers; and
WHEREAS, less regulatory burden would create more profitable banks and ultimately a safer and sounder banking industry.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body respectfully urge the United States Congress to take all necessary and appropri ate action to reduce the regulatory burden on banks.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation.

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 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

FRIDAY, FEBRUARY 5, 1993

413

HB 75. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Anno tated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over certain earlier perfected security interests.

The report 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 5.
The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 90 Do Pass, by Substitute HB 261 Do Pass, by Substitute HB 361 Do Pass, as Amended

HB 373 Do Pass, by Substitute HB 377 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 8, 1993

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

Ashe Atkins Bailey Baker Bannister Barfoot Bargeron
Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove
Brooks,T Brown Buck Buckner
Bunn Burkhalter
Byrd Campbell Carrell
Carter Cauthorn Chambless Chandler Channell
Childers
Clark Coker Coleman,B

Coleman.T Colwell
Connell COT Crawford
Crews Culbreth Cummings Davis.G Dickinson Di* Dixon.H Dixon.S Dobbs Dover Ehrhart Epps Evans Felton Floyd,J.M Floyd,J.W God bee Golden Goodwin Greene Groover Haramond Manner Harris,B Harris.M Hart Heard

Hegstrom Hembree Holland Howard Hudson Hughes Hugley James Jamieson Johnson,D.H
Johnson,E
Johnson,G Johnson,J Johnston
Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lane.R Lawrence Lee Lewis Lord Maddoj Mann Martin McBee McClinton

McKinney.B Mills Mobley.B Mobley.J Moore Mosley Mueller Oliver O'Neal Padgett Parrish Perry Pinholster Poag Poston Purcell Randall Randolph Ray Reaves Reichert Royal Scoggins Shanahan Sherrill Shipp Sinkfield Skandalakis Skipper Smith.C Smith,L Smith.P

Smith,T Smith,V Smith,W Smyre Snow Stancil.F Stancil.S Stanley.L Stanley,? Stephenson S treat Taylor Teague Teper Thomas.C Tillman Titus Towery Trense
Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmorland
Williams.B
Williams.R
Yates
Yeargin
Murphy ,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Davis of the 60th, Polak of the 67th, Powell of the 23rd, Patten of the 176th, Milam of the 130th, Lawson of the 20th, Parham of the 122nd, Canty of the 52nd, Roberts of the 162nd, Orrock of the 56th, Turnquest of the 73rd, Jenkins of the 110th, Henson of the 65th, Lucas of the 124th and Porter of the 143rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Walter J. Hall, Pastor, New Unity Missionary Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

MONDAY, FEBRUARY 8, 1993

415

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:

HB 554. By Representatives Wall of the 82nd, Dix of the 76th, Mobley of the 86th, Johnson of the 84th, Crews of the 78th and others:
A bill to amend Code Section 48-5-32.1 of the Official Code of Georgia Anno tated, relating to the certification of assessed taxable value of property and method of computation, so as to require a taxing jurisdiction to take certain actions with respect to certifying its millage rate.
Referred to the Committee on Ways & Means.

HB 555. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to the membership of the Criminal Justice Coordinating Coun cil, so as to add a member to the council.
Referred to the Committee on Public Safety.

HB 556. By Representatives Jenkins of the 110th and Henson of the 65th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attor ney must search the land records and verify the landowners affected.
Referred to the Committee on Special Judiciary.

HB 557. By Representative Barnes of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 558. By Representatives Breedlove of the 85th, Smith of the 102nd and Crawford of the 129th:
A bill to amend Code Section 12-5-23.1 of the Official Code of Georgia Anno tated, relating to water quality standards for lakes, so as to provide certain standards of water quality.
Referred to the Committee on Natural Resources & Environment.

416

JOURNAL OF THE HOUSE,

HB 559. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-9-30 of the Official Code of Georgia Anno tated, relating to jurisdiction and powers of the probate courts, so as to pro vide that, subject to the approval of the chief judge of the judicial circuit wherein such court is located, such courts shall have jurisdiction to try and dispose of all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.
Referred to the Committee on Judiciary.

HB 560. By Representative Holland of the 157th:
A bill to amend Code Section 12-8-26 of the Official Code of Georgia Anno tated, relating to public meetings on site selection for certain solid waste dis posal facilities, so as to provide that the siting of any privately owned solid waste disposal facility shall be conditioned on approval of the electors of the county or municipal corporation in which such facility is sited.
Referred to the Committee on Natural Resources & Environment.

HB 561. By Representative Holland of the 157th:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Anno tated, relating to the failure to attach and display certain decals to mobile homes, so as to provide that any person who moves or transports a mobile home which does not display a certain decal shall provide the tax collectors in certain counties with certain information.
Referred to the Committee on Ways & Means.

HB 563. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Anno tated, relating to transfer of executions issued for state, county, or municipal taxes, so as to change the circumstances under which persons may pay cer tain executions and become the transferees of such execution.
Referred to the Committee on Ways & Means.

HB 564. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 40-2-135 of the Official Code of Georgia Anno tated, relating to the revocation of motor vehicle license plates under certain conditions, so as to change the conditions under which such revocation shall be made.
Referred to the Committee on Motor Vehicles.

HB 565. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Anno tated, relating to the amount paid for redemption of property from the sale of such property for taxes, so as to change the amount required to be paid when a county, municipality, or other political subdivision purchases prop erty at a tax sale.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 8, 1993

417

HB 566. By Representatives Breedlove of the 85th, Smith of the 102nd and Crawford of the 129th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to provide that any person conducting land-disturbing activities who has been issued a per mit and has not been found to be in violation of the provisions of such chap ter and all applicable regulations or ordinances promulgated thereunder shall be presumed to be in compliance with such Act, regulations, and ordinances.
Referred to the Committee on Natural Resources & Environment.

HB 567. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-5-153 of the Official Code of Georgia Anno tated, relating to reports of unpaid taxes by tax collectors and tax commis sioners to the state revenue commissioner and to county governing authorities, so as to change the date of the final settlement period.
Referred to the Committee on Ways & Means.

HB 571. By Representatives Howard of the 118th, Davis of the 48th, Hart of the 116th and Clark of the 40th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to require vans or buses operated by licensed day-care centers to comply with the lighting requirements established for school buses.
Referred to the Committee on Motor Vehicles.

HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to pro vide for the suspension of services provided to a unit owner under certain circumstances.
Referred to the Committee on Judiciary.

HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, related to the regulation of specialized land transactions, so as to pro vide for the governance of certain property owners' associations and developments; to provide a short title.
Referred to the Committee on Judiciary.

HB 580. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Lane of the 146th, Barnes of the 33rd, Sherrill of the 62nd and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that the birthdate on a driver's license shall be highlighted in color; to authorize the renewal of driv ers' licenses by mail under certain conditions.
Referred to the Committee on Motor Vehicles.

418

JOURNAL OF THE HOUSE,

HB 581. By Representatives Lane of the 146th, Godbee of the 145th and Purcell of the 147th:
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 Ogeechee Judicial Circuit.
Referred to the Committee on Judiciary.

HB 582. By Representatives Watts of the 26th, Dover of the 9th, Byrd of the 170th, Colwell of the 7th, Crews of the 78th and others:
A bill to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to silent prayer or meditation periods, so as to require each local board of education to adopt a formal policy concerning the use of certain psychological methods or procedures; to provide descriptions of certain techniques.
Referred to the Committee on Education.

HB 583. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to amend an Act providing for the composition of the Board of Educa tion of Coweta County, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th, Harris of the 112th, Snow of the 2nd and others:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Anno tated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period.
Referred to the Committee on Judiciary.

HR 168. By Representative Mobley of the 86th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow County.
Referred to the Committee on State Institutions & Property.

HR 177. By Representatives Coker of the 31st, Towery of the 30th, Atkins of the 29th, Klein of the 39th, Clark of the 40th and others:
A resolution urging the boards, commissions, and authorities of Cobb County to take certain actions.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 178. By Representatives Ladd of the 59th, Byrd of the 170th, Ashe of the 46th, Walker of the 141st, Davis of the 60th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to authorize counties and municipalities to provide for the comprehensive regulation of nude dancing.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 8, 1993

419

HR 179. By Representatives Ladd of the 59th, Byrd of the 170th, Ashe of the 46th, Davis of the 60th, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to provide that the transportation or importation into the state for delivery or use in this state of intoxicating liquors, in violation of the laws of this state, is pro hibited.
Referred to the Committee on Regulated Beverages.

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

HB 503
HB 504 HB 505 HB 506 HB 507 HB 508 HB 509 TM 510

HB 541
HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549

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HB 521

HB 522

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HB 536 HB 537 HB 539
HB 540

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HR 155 UHTK3 11K&Cb HR 157
HR 167 SB 11 SB 30
SB 70

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 152 Do Pass HR 153 Do Pass HR 154 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

420

JOURNAL OF THE HOUSE,

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 449 Do Pass HB 453 Do Pass HB 457 Do Pass HB 458 Do Pass

HB 473 Do Pass HB 487 Do Pass HB 450 Do Pass HB 481 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

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

HB 449. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th and others:
A bill to amend an Act to create the DeKalb Ad Valorem Tax Survey Com mission, so as to change the compensation of the commission; to change the time for the organizational meeting.

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

HB 453. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to repeal an Act to make permanent certain existing Clarke County paid staff positions within the Office of the District Attorney of the Western Judicial Circuit.

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

HB 457. By Representative Jamieson of the 22nd:
A bill to provide for a Stephens County Board of Registrations and Elec tions.

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

HB 458. By Representatives Hart of the 116th and Padgett of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to change the provisions relating to the compensation and expenses of the coroner.

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

MONDAY, FEBRUARY 8, 1993

421

HB 473. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act entitled "An Act creating the office of Tax Commis sioner of Liberty County," so as to abolish the present mode of compensating said tax commissioner, known as the fee system; to provide in lieu thereof an annual salary.

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

HB 487. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education.

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

HB 450. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th 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.

HB 481. By Representatives Atkins of the 29th, Klein of the 39th, Towery of the 30th, Coker of the 31st and Vaughan of the 34th:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the 1991 taxable year for certain residents of that county who have annual incomes not exceeding $50,000.00 and who are 70 years of age or over.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaui Y Bostick Y Breedlove
Brooks,D Brooks,T Y Brown Y Buck

Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter

Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M

422

JOURNAL OF THE HOUSE,

Y Dickinson Y Dix
Y Dixon.H YDim,S YDobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton YFloydJ.M YFloyd,J.W YGodbee Y Golden
Goodwin YGreene Y Groover YHammond Y Hanner YHarris,B YHarris.M
YHart Y Heard YHegstrom
YHembree Henson
Y Holland

Y Holmes Y Howard
Hudson Y Hughes YHugley Y James
Jamieson Jenkins Y Johnson.D.H Y Johnson.E Johnson.G YJohnson,J Y Johnston Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane.D
YLane,R Y Lawrence Y Lawson
Y Lee Y Lewis Y Lord

Y Lucas Y Maddox
Y Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten
Pelote Y Perry Y Pinholster
Y Poag Y Polak
Porter

Y Poston Y Powell
Y Purasll Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P
Y Smith,T Y Smith,V Y Smith.W
Smyre Y Snow Y Stancil,F

Y Stancil,S Y Stanley,L
Y Stanley,? Y Stephenson Y Street Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Watson Watts Y Westmoreland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bills, the ayes were 157, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Goodwin of the 79th and Henson of the 65th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, all Local Bills were ordered immediately transmitted to the Senate.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

SB 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Anno tated, relating to the sale of malt beverages at coliseums, 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 sales, under which sales of alcoholic beverages shall be permitted.

MONDAY, FEBRUARY 8, 1993

423

SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Anno tated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrangements established by nonprofit educational organizations from the application of Chapter 50 of Title 33; to provide for related matters; to provide an effective date.

SB 76. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Anno tated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judg ment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods.

SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations under the "Statewide Proba tion Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.

SB 111. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education so as to provide for the compensation of the members of the board.

HB 289. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton, so as to change the provisions relating to the time of elec tion, taking of office, and terms of office of the mayor and councilmembers.

HB 334. By Representative Smith of the 102nd:
A bill to amend an Act entitled "An Act to create the Board of Commission ers in the County of Harris," so as to provide for the dates of election of the members of the reconstituted board of commissioners.

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

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.
Referred to the Committee on Public Safety.

424

JOURNAL OF THE HOUSE,

SB 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Anno tated, relating to the sale of malt beverages at coliseums, 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 sales, under which sales of alcoholic beverages shall be permitted.
Referred to the Committee on Regulated Beverages.
SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Anno tated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrangements established by nonprofit educational organizations from the application of Chapter 50 of Title 33; to provide for related matters; to provide an effective date.
Referred to the Committee on Insurance.
SB 76. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Anno tated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judg ment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods.
Referred to the Committee on Judiciary.

SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations under the "Statewide Proba tion Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.
Referred to the Committee on State Institutions & Property.

SB 111. By Senator Gillis of the 20th:
A bill to amend an Act providing for the election of the members of the Treutlen County Board of Education so as to provide for the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 152. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A resolution commending the Thomas County Central High School football team and inviting the members of the team and their coaches to appear before the House of Representatives.

MONDAY, FEBRUARY 8, 1993

425

HR 153. By Representatives Connell of the 115th and Lawson of the 20th: A resolution commending Georgia artist Tim Arkansaw.

HR 154. By Representatives Connell of the 115th and Lawson of the 20th: A resolution commending the Georgia Citizens for the Arts.

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

HB 71. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such person's legal guardian or guardian ad litem.

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks.D Brooks.T Brown Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler
Channell Y Childers
Clark Y Coker Y Coleman,B
Coleman,T

Y Colwell Y Connell YCox
Y Crawtord Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis,M Y Dickinson YDix
Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W Y Godbee
Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henaon Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D
Lane.R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Milam Y Mills

Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
O'Neal Y Orrock Y Padgett
Par ham Parrish Y Patten Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith,T
Smith.V Smith.W
YSmyre YSnow Y Stancil.F
Y Stancil.S Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery
Trense Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Pelote of the 149th and Smith of the 174th 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.

426

JOURNAL OF THE HOUSE,

Due to mechanical malfunction, the vote of Representative Felton of the 43rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 137. By Representative Royal of the 164th:
A bill to amend Code Section 36-81-7 of the Official Code of Georgia Anno tated, relating to audits of the financial affairs and transactions of certain local governments, so as to change the expenditure level with respect to the requirement of such audits.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local governments, so as to change the expenditure level with respect to the requirement of such audits; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local governments, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Beginning with the local government fiscal year which ends between July 1, 1981 1993, and June 30, 198S 1994, the governing authority of each unit of local government having a population in excess of 1,500 persons according to the latest esti mate of population by the United States Bureau of the Census or its successor agency or expenditures of $100,000.00 $115,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activi ties of the local government for each fiscal year of the local government.
(2) The governing authority of each local unit of government not included in para graph (1) of this subsection shall provide for and cause to be made the audit required pursuant to paragraph (1) not less often than once every two fiscal years. Audits per formed pursuant to this paragraph shall be for both fiscal years.
(3) The governing authority of each local unit of government having expenditures of less than $100,000.00 $115,000.00 in that government's most recently ended fiscal year may elect to prepare, in lieu of the biennial audit otherwise required under para graph (2) of this subsection, an annual financial report of receipts and disbursements for that fiscal year upon such forms and in such manner as shall be prescribed by the state auditor, and that financial report shall constitute an annual audit report for pur poses of and within the meaning of the requirements of subsections (d) through (g) of this Code section. The Department of Community Affairs is authorized to assist requesting local governments in preparing financial reports required under this para graph and in establishing record-keeping procedures needed in preparing those reports and is further authorized to charge those local governments reasonable fees for that assistance.
(4) At the option of the governing authority, an audit may be made at a lesser interval than one year."
Section 2. This Act shall become effective on July 1, 1993.
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:

MONDAY, FEBRUARY 8, 1993

427

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove
Brooks.D Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Y Carlisle YCarrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childera Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland

Y Holmes
Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney.B Milam Y Mills

Y Mobley.B Y Mobley^I Y Moore YMosley Y Mueller Y Oliver
O'Neal YOrrock
Y Padgett YParham Y Parrish
Y Patten Pelote
Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,P
Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C
Tillman Y Titus Y Towery YTrense
Turnquest Y Twiggs YVaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to mechanical malfunction, the vote of Representative Lucas of the 124th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Regulated Beverages and referred to the Committee on Judiciary.

HR 179. By Representatives Ladd of the 59th, Byrd of the 170th, Ashe of the 46th, Davis of the 60th, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to provide that the transportation or importation into the state for delivery or use in this state of intoxicating liquors, in violation of the laws of this state, is pro hibited.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 181. By Representatives Towery of the 30th, Smith of the 174th, Lawrence of the 64th, Stancil of the 16th and Felton of the 43rd:
A resolution commending and recognizing Honorable Newt Gingrich and inviting him to appear and be recognized before the House of Representa tives on February 9, 1993.

428

JOURNAL OF THE HOUSE,

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

HB 124. By Representative Reaves of the 178th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricultural or aquacultural food products or commodities.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HB 124 by striking on line 22 of page 2 the words "one year" and inserting in lieu thereof the follow ing:
"two years".

The following amendment was read and adopted:

Representatives Barnes of the 33rd, Reaves of the 178th and Groover of the 125th move to amend HB 124 as follows:
By adding after "the" on line 23 page 1 the following:
"willful"
and by deleting lines 16 - 18 of page 2.

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 ayes were 109, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

MONDAY, FEBRUARY 8, 1993

429

HR 119. By Representatives Bargeron of the 120th and Harris of the 112th:
A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 34. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon cer tain persons who operate vehicles without having required revalidation decals affixed to the license plates 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 ayes were 111, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 139. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to provide that it shall be unlawful for any person, maliciously and without the consent of all parties to the communica tion, to intercept, receive, or assist in intercepting or receiving a communica tion transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide that it shall be unlawful for any person, without the consent of at least one of the parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to define a certain term; to provide exceptions; to provide a penalty; to change certain references; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Geor gia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by adding between Code Sections 16-11-66 and 16-11-67 a new Code Section 16-11-66.1 to read as follows:
"16-11-66.1. (a) As used in this Code section, the term 'cellular radio telephone" means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

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(b) It shall be unlawful for any person, without the consent of at least one of the parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.
(c) In the following instances, this Code section shall not apply: (1) To any public utility engaged in the business of providing communications ser
vices and facilities, or to the officers, employees, or agents thereof, where the acts oth erwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility;
(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility;
(3) To any telephonic communication system used for communication exclusively within a state, county, or municipal correctional institution;
(4) To the use of equipment, facilities, or services by users licensed by the Public Service Commission pursuant to Code Section 16-11-65; or
(5) To the interception of wire or oral transmissions by law enforcement officers pursuant to Code Section 16-11-64. (d) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
Section 2. Said part is further amended by striking in its entirety Code Section 16-11-69, relating to the penalty for violations of such part, and inserting in lieu thereof a new Code Section 16-11-69 to read as follows:
"16-11-69. Except as otherwise provided in subsection (d) of Code Section 16-11-66.1, any Asy person violating any of the provisions of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or a fine not to exceed $10,000.00, or both."
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes Y Bates
Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Biooks.D Y Brooks.T Y Brown
YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler

Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis,M Y Dickinson YDii Y Dixon.H
Y Dixon,S Dobbs
Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin

Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E
Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein

Y Ladd Y Lakly Y Lane.D YLane.R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Robert* Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp
Sim peon Y Sinkfield Y Skandalakis Y Skipper N Smith.C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith,W

MONDAY, FEBRUARY 8, 1993

431

Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley,!Y Stanley,P

Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas,C

Y Tillman Y Titus Y Towery Y Trense Y Turnquest NTwiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland

White Y Williams.B Y Williams.R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 242. By Representatives Chambless of the 163rd and Watson of the 139th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term "motor common carrier and motor contract carrier".

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister YBartoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks.D Y Brooks,T Y Brown
YBuck Y Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman,T

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M Y Dickinson YDii Y Dixon,H Y Dixon,S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W YGodbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H
Y Johnson.E Y Johnson.G Y JohnsonJ Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane,D YLane.R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee
McClinton McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag
Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Reaves
Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith.V Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor
Y Teper Y Thomas,C YTiUman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams,R YYates
Yeargin Murphy,Spkr

HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd:
A bill to amend Code Section 43-39-7 of the Official Code of Georgia Anno tated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.

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JOURNAL OF THE HOUSE,

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks.D Y Brooks.T
Brown YBuck Y Buckner N Bunn
Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson
YDix Y Dixon,H Y Dixon,S
Dobbs Y Dover YEhrhart YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee
Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson^! Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee N McClinton Y McKinney,B YMilam Y Mills

N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
YOrrock Y Padgett YParham Y Parrish Y Patten
Pelote Y Perry Y Pinholster YPoag N Polak Y Porter YPoston Y Powell Y Purcell YRandall N Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre
YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Y Stanley,P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan
Walker YWall Y Watson Y Watte Y Westmorland Y White N Williams.B Y Williams,R Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 163, nays 6. The Bill, having received the requisite constitutional majority, was

The Speaker Pro Tern assumed the Chair.

HB 73. By Representatives Holland of the 157th, Ray of the 128th, Jenkins of the 110th and Reaves of the 178th:
A bill to amend Code Section 11-9-203 of the Official Code of Georgia Anno tated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 8, 1993

433

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, is amended by inserting at the end thereof the following:
"(5) A security interest in future crops granted by the owner of an estate in land pursuant to Code Section 11-9-204, to the extent that such security interest secures obli gations due or existing more than six months before the crops became growing crops by planting or otherwise, shall, in the event of a sharecropping agreement, not attach to that portion of such crops due to the sharecropper pursuant to such agreement unless the sharecropper executes a security agreement granting a security interest in such por tion."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Baifoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Brooks.D Y Brooks,T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Postal Y Powell Y Purcell Y Randall Y Randolph
YRay Y Reaves N Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 93. By Representatives Ray of the 128th, Snow of the 2nd and Bates of the 179th:
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 enact the "Motorized Wheelchair Warranty Act".

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JOURNAL OF THE HOUSE,

The following Committee 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 enact the "Motorized Wheelchair Warranty Act"; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconformities; to provide for return and replacement of wheelchairs; to provide for procedures for return of nonconforming wheelchairs; to provide for calculation of refunds owing to consumers and security interest holders; to provide procedures and requirements for transferring real and legal possession of a nonconforming wheelchair from the consumer to the manufacturer; to prohibit resale of returned nonconforming motorized wheelchairs without full disclosure; to provide that this article shall not limit any other rights or remedies available to the consumer; to pro vide that any waiver of a consumer's rights under this article is void; to authorize con sumer actions for damages, fees, costs, and equitable relief; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 31 to read as fol lows:
"ARTICLE 31
"10-1-850. This article shall be known and may be cited as the 'Motorized Wheelchair Warranty Act.'
10-1-851. As used in this article, the term: (1) 'Collateral costs' means expenses incurred by a consumer in connection with
the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance.
(2) 'Consumer' means any of the following: (A) The purchaser of a motorized wheelchair, if the motorized wheelchair was
purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale.
(B) A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty appli cable to the motorized wheelchair.
(C) A person who may enforce the warranty. (D) A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease. (3) 'Demonstrator' means a motorized wheelchair used primarily for the purpose of demonstration to the public. (4) 'Early termination cost' means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. 'Early termination cost' includes a penalty for prepayment under a finance arrange ment. (5) 'Early termination savings' means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. 'Early termination savings' includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the

MONDAY, FEBRUARY 8, 1993

435

lease term remaining after the early termination and the present value of that amount at the date of the early termination.
(6) 'Manufacturer' means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's motorized wheelchairs but does not include a motorized wheelchair dealer.
(7) 'Motorized wheelchair' means any motor-driven wheelchair or similar motordriven vehicle designed primarily to accomodate the ambulatory needs of a disabled individual, including a demonstrator, that a consumer purchases or accepts transfer of in this state.
(8) 'Motorized wheelchair dealer' means a person who is in the business of selling motorized wheelchairs.
(9) 'Motorized wheelchair lessor' means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.
(10) 'Nonconformity' means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair, and that is covered by an express war ranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse,
neglect, or unauthorized modification or alteration of the motorized wheelchair by a
consumer. (11) 'Reasonable attempt to repair' means any of the following occurring within
the term of an express warranty applicable to a new motorized wheelchair or within
one year after first delivery of the motorized wheelchair to a consumer, whichever is
sooner: (A) The same nonconformity with the warranty is subject to repair at least four
times by the manufacturer, motorized wheelchair lessor, or any of the manufactur er's authorized motorized wheelchair dealers and the nonconformity continues.
(B) The motorized wheelchair is out of service for an aggregate of at least 30
days because of warranty nonconformities. 10-1-852. A manufacturer who sells a motorized wheelchair to a consumer, either
directly or through a motorized wheelchair dealer, shall furnish the consumer with an
express written warranty for the motorized wheelchair. The duration of the express writ ten warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express written war
ranty as required by this Code section, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to
the consumer as required by this Code section. 10-1-853. (a) If a new motorized wheelchair does not conform to an applicable
express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or any of the manufacturer's authorized motorized
wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manufacturer's expense to correct the nonconformity regardless
of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the motorized
wheelchair, the consumer shall be liable to the manufacturer for costs of repair. (b) (1) If, after a reasonable attempt to repair, the nonconformity is not repaired,
the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate.
(2) At the direction of a consumer as defined in subparagraph (A), (B), or (C) of
paragraph (2) of Code Section 10-1-851, the manufacturer shall do one of the follow
ing: (A) Accept return of the motorized wheelchair and replace the motorized
wheelchair with a comparable new motorized wheelchair and refund any collateral
costs. (B) Accept return of the motorized wheelchair and refund to the consumer and
to any holder of a perfected security interest in the consumer's motorized

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JOURNAL OF THE HOUSE,

wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subparagraph, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer. (3) (A) At the direction of a consumer as defined in subparagraph (D) of para graph (2) of Code Section 10-1-851, the manufacturer shall:
(i) Accept return of the motorized wheelchair; (ii) Refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease as defined in subparagraph (B) of this para graph; and (iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subparagraph (C) of this paragraph. (B) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.
(C) A reasonable allowance for use may not exceed the amount obtained by mul tiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the num ber of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor, or motorized wheelchair dealer.
(c) To receive a comparable new motorized wheelchair or a refund due under para graph (1) or (2) of subsection (b) of this Code section, a consumer, as defined under subparagraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manu facturer of that motorized wheelchair. No later than 30 days after that offer, the manu facturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manu facturer, along with any endorsements necessary to transfer legal possession to the man ufacturer.
(d) (1) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a consumer as defined under subparagraph (D) of paragraph (2) of Code Sec tion 10-1-851, shall offer to return the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufac turer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer.
(2) To receive a refund due under paragraph (3) of subsection (b) of this Code sec tion, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer.
(3) No person may enforce the lease against the consumer after the consumer receives a refund due under paragraph (3) of subsection (b) of this Code section.
(e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under subsection (b) of this Code section or by a consumer or motorized

MONDAY, FEBRUARY 8, 1993

437

wheelchair lessor in another state under a similar law of that state may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospec tive buyer or lessee.
10-1-854. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law.
(b) Any waiver by a consumer of rights under this article is void. (c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate."
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 125th moves to amend the Committee substitute to HB 93 as follows:
By adding after "wheelchair" on line 2 page 5:
"the warranty shall as a minimum warrant that there are no defects in parts or per formance."

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks,D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark

Y Coker Y Coleman,B
Y Coleman.T Y Colwell
Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H
Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord

Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney.B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph YRay

Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith.P
Smith.T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery

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JOURNAL OF THE HOUSE,

Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall

Y Watson Y Watts Y Westmoreland

Y White Y Williams,B Y Williams,R

Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Holmes of the 53rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 95. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provi sions relating to unauthorized interference with publicly provided trash or garbage containers; to prohibit the removal of any items from any container or facility provided by any county for the dumping of trash or garbage.

The following amendment was read and adopted:

Representatives Martin of the 47th and Smyre of the 136th move to amend HB 95 as follows: (1) Add after the word county on line 6 of page 1 the following:
"in an unincorporated area" (2) Add after the word county on line 12 of page 2 the following:
"in an unincorporated area".

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 95 as follows:
By adding after the period on line 15 page 2:
This provision shall not apply to the removal of containers which are readily saleable in the removal of which there is no scattering or dispersing of other trash or garbage."

The following amendment was read:

Representative Bostick of the 165th moves to amend HB 95 as follows:
By striking "be guilty of a misdemeanor" on line 17 page 2 and inserting "pay a fine of not more than $100.00."

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

Y Ashe N Atkins Y Bailey Y Baker Y Bannister Y Barfoot

N Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux

Y Bostick Y Breedlove
Y Brooks,D N Brooks,T
Brown YBuck

Y Buckner Y Bunn
N Burkhalter YByrd N Campbell
Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

MONDAY, FEBRUARY 8, 1993

439

Y Channell Y Childers N Clark N Coker Y Coleman.B Y Coleman.T Y Colwell
Connell
YCox Y Crawford N Crews Y Culbreth N Cummings N Davis.G
Y Davis,M Y Dickinson
YDix Y Dixon.H
Y Dixon,S Dobbs Dover
Y Ehrhart YEpps N Evans Y Felton
Floyd,J.M Y Floyd,J.W
N Godbee Y Golden N Goodwin

Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M YHart N Heard Y Hegstrom Y Hembree N Henson
N Holland N Holmes Y Howard Y Hudson N Hughes N Hugley Y James
Jamieson Y Jenkins Y Johnson.D.H N John&on.E Y Johnson.G Y Johnson,J
N Johnston N Jones N Joyce YKaye N Kinnamon N Klein

YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence
Lawson YLee N Lewis YLord Y Lucas N Maddox NMann N Martin YMcBee N McClinton Y McKinney,B Y Milam Y Mills N Mobley,B
Y Mobley,J N Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock N Padgett YParham Y Parrigh
Y Patten

Pelote Y Perry Y Pinholster
NPoag N Polak Y Porter Y Poston Y Powell Y Purcell YRandall
N Randolph NRay Y Reaves Y Reichert
N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Shipp N Simpson N Sinkfield N Skandalakis N Skipper Y Smith.C N Smith,L
N Smith,? Y Smith,T N Smith,V Y Smith,W

On the adoption of the amendment, the ayes were 110, nays 57. The amendment was adopted.

Y Smyre NSnow Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat N Taylor
Teague YTeper Y Thomas.C Y Tillman Y Titus N Towery
N Trense N Turnquest YTwiggs N Vaughan Y Walker Y Wall
N Watson N Watts N Westmorland
Y White Y Williams.B N Williama.R
Y Yates Yeargin Murphy.Spkr

The following amendment was read and lost:

Representatives Henson of the 65th, Baker of the 70th and Turnquest of the 73rd move to amend HB 95 as follows:
P 2 line 4 following "garbage." This shall not pertain to counties with populations over 500,000.
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 Ashe Y Atkins
Y Bailey N Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown YBuck Y Buckner Y Bunn Y Burkhalter

YByrd Y Campbell
Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channell Y Childers Y Clark Y Coker N Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis.G Y Davis.M Y Dickinson YDk Y Dixon,H Y Dixon,S
Dobbs Y Dover Y Ehrhart
YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond

Y Banner Y Harris.B Y Harris,M NHart Y Heard N Hegstrom Y Hembree N Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes N Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson^J

Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane.D YLane,R Y Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox NMann Y Martin
Y McBee N McClinton

440

JOURNAL OF THE HOUSE,

N McKinney.B Y Milam Y Mills N Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Padgett Y Parham Y Parrish Y Patten

Pelote Y Perry Y Pinholster Y Poag Y Polak N Porter N Poston Y Powell Y Purcell N Randall N Randolph Y Ray Y Reaves N Reichert N Roberts

Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P Y Smith.T Y Smith.V Y Smith.W

N Smyre Snow
Y Stancil.F Y Stancil,S N Stanley,L N Stanley,? Y Stephenson Y Streat Y Taylor
Teague N Teper N Thomas,C N Tillman Y Titus Y Towery

Y Trense N Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 135, nays 35.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and adopted:

HR 183. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution recognizing Floyd County Armed Forces Day.

HR 184. By Representatives Vaughan of the 34th and Shipp of the 38th: A resolution recognizing Lost Mountain Middle School.

HR 185. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution commending Linton Jordan.

HR 186. By Representatives Culbreth of the 132nd, Buck of the 135th, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A resolution commending the Reverend Charles A. Heath.

HR 187. By Representatives Smith of the 174th and Smith of the 169th: A resolution commending Mr. James Edo (Sonny) Miller.

HR 188. By Representative Streat of the 167th:
A resolution commending Chief Deputy Don Bigelow of the South Georgia College Public Safety Department.

HR 189. By Representative Dobbs of the 92nd:
A resolution recognizing February 9, 1993, as "Engineers Day" in Georgia; commending the engineering profession on the occasion of the 1993 Engi neers Legislative Forum.

HR 190. By Representatives Holland of the 157th and Chambless of the 163rd:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.

MONDAY, FEBRUARY 8, 1993

441

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 360 Do Pass HB 421 Do Pass, as Amended

HB 454 Do Pass HR 131 Do Pass

Respectfully submitted, M Reaves of the 178th
Chairman

Representative Oliver of the 154th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 237 Do Pass, by Substitute
Respectfully submitted, /s/ Oliver of the 154th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 254 Do Pass HB 333 Do Pass

442

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 496 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 154 Do Pass, by Substitute HB 293 Do Pass

HR 16 Do Pass, by Substitute HR 118 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Walker of the 141st 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.

TUESDAY, FEBRUARY 9, 1993

443

Representative Hall, Atlanta, Georgia Tuesday, February 9, 1993

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 Johnny Payne, Pastor, Maple Grove Baptist Church, Chatsworth, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide certain procedures which will enable a disabled veteran to qualify for a special license plate.
Referred to the Committee on Motor Vehicles.
HB 586. By Representatives Channell of the lllth and Yeargin of the 90th: A bill to amend an Act approved February 4, 1993, so as to correct the expi ration date for the term of office of members of the board of education of Wilkes County.
Referred to the Committee on State Planning & Community Affairs - Local.

444

JOURNAL OF THE HOUSE,

HB 587. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to create a recycling manufacturer's investment tax credit for certain invest ments in real and personal property used in a recycling manufacturing facil ity.
Referred to the Committee on Ways & Means.

HB 588. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to amend an Act providing for the compensation of the judge of the Probate Court of Warren County, so as to change the provisions relating to the compensation of the clerical help for the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 589. By Representatives Williams of the 114th and Padgett of the 119th:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the "Telecommunications Consolida tion Act of 1973," so as to provide that under certain circumstances certain former members of the General Assembly who receive retirement benefits under the Georgia Legislative Retirement System or the Employees' Retire ment System of Georgia shall be entitled to remote access service to the Georgia Interactive Statewide Telecommunications Network.
Referred to the Committee on Industry.

HB 590. By Representative Williams of the 114th:
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 create a group self-insurance fund for workers' compensation purposes, so as to increase the amount of gross annual premi ums required to establish and maintain a fund.
Referred to the Committee on Industrial Relations.

HB 591. By Representative Williams of the 114th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liabil ity generally, so as to provide that rates charged to insureds under the assigned risk plan for rejected workers' compensation risks shall be sufficient to fully support all claims paid on behalf of such insureds.
Referred to the Committee on Industrial Relations.

HB 592. By Representatives Padgett of the 119th, Williams of the 114th and Howard of the 118th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the state sales and use tax, so as to provide that the term "retail sale" or "sale at retail" shall not include sales of electricity for chlor-alkali manufacturing processes after a specified period of time.

TUESDAY, FEBRUARY 9, 1993

445

By unanimous consent, HB 592 was ordered engrossed. Referred to the Committee on Ways & Means.

HB 593. By Representatives Childers of the 13th, Skipper of the 137th, Walker of the 141st, Lee of the 94th and Groover of the 125th:
A bill to amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements of ambulance ser vices in the state, so as to delete the existing application fee and to add an annual license fee to be paid by all ambulance services in an amount to be set by the Board of Human Resources and to provide that the amount of said fee be deposited into the Indigent Care Trust Fund.
Referred to the Committee on Health & Ecology.

HB 594. By Representatives Hanner of the 159th, Floyd of the 172nd, Cox of the 160th and Buckner of the 95th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to require a license for saltwater recreational fishing; to define certain terms to provide for fees and for the sale of such licenses; to provide for reciprocity.
Referred to the Committee on Game, Fish & Parks.

HB 595. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairperson and members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 596. By Representatives Birdsong of the 123rd, Lord of the 121st, Chandler of the 99th, Smith of the 174th and Hembree of the 98th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income.
Referred to the Committee on Ways & Means.

HB 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.
Referred to the Committee on Game, Fish & Parks.

HB 598. By Representatives Buckner of the 95th, Henson of the 65th, Streat of the 167th, Kinnamon of the 4th, Hughes of the 19th and others:
A bill to amend Chapter 1 of Title 21 of the Official Code of Georgia Anno tated, relating to elections in general, so as to establish a code of ethics for candidates for elective office.
Referred to the Committee on Governmental Affairs.

446

JOURNAL OF THE HOUSE,

HB 599. By Representatives Dobbs of the 92nd, Lane of the 146th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations regarding cer tain actions, so as to provide when certain actions for trespass upon or dam age to realty shall accrue.
Referred to the Committee on Judiciary.
HB 600. By Representatives Street of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Anno tated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.
Referred to the Committee on Judiciary.
HB 601. By Representatives Towery of the 30th, Johnson of the 153rd, Atkins of the 29th, Lawrence of the 64th, Stancil of the 16th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Medical Assistance to implement a modification of the state plan for medical assistance to provide a publicly financed voucher pro gram for access to privately delivered health insurance coverage.
Referred to the Committee on Health & Ecology.
HB 602. By Representatives Mueller of the 152nd, Dickinson of the 83rd, Bunn of the 74th, Moore of the 113th, Williams of the 63rd and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion in general, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.
Referred to the Committee on Judiciary.
HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 604. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty County School System, so as to change the composition of said board of education; to change the educa tion districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 605. By Representative Skandalakis of the 45th:
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.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, FEBRUARY 9, 1993

447

HB 606. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Hembree of the 98th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Elections Code," so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.
Referred to the Committee on Governmental Affairs.

HB 607. By Representative Holmes of the 53rd:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to provide for additional mat ters which may be considered with respect to the determination of whether a bidder is responsible in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs.

HB 608. By Representatives Holmes of the 53rd and Hembree of the 98th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that all municipalities shall utilize the county voter registration system and provide for transitional procedures; to provide for appointment of additional registrars and deputy registrars.
Referred to the Committee on Governmental Affairs.

HB 609. By Representatives Holmes of the 53rd and Holland of the 157th:
A bill to amend Code Section 21-2-134 of the Official Code of Georgia Anno tated, relating to restrictions on the withdrawal of a nominated candidate, so as to provide for procedures for the withdrawal of such a candidate as a can didate at the ensuing general election.
Referred to the Committee on Governmental Affairs.

HB 610. By Representative Holmes of the 53rd:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be con sidered in determining whether a bidder is responsible in each county of this state having a population of 550,000.
Referred to the Committee on State Planning & Community Affairs.

HB 611. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Goodwin of the 79th, Stanley of the 50th and Holland of the 157th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a pilot program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars.
Referred to the Committee on Governmental Affairs.

448

JOURNAL OF THE HOUSE,

HB 612. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 613. By Representative Twiggs of the 8th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of tax on the retail pur chase, retail sale, rental, storage, use, or consumption of certain tangible property and on certain services; to state legislative intent with respect to the use of tax proceeds; to provide for application of sales and use taxes with respect to certain sales of motor fuels.
Referred to the Committee on Ways & Means.

HB 614. By Representative Cox of the 160th:
A bill to repeal an Act providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in former Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 615. By Representatives Stanley of the 50th, Stanley of the 49th and Davis of the 48th:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Public Assistance Act of 1965," so as to provide that the Department of Human Resources shall initiate a pilot pro gram for the electronic transfer of public assistance benefits to recipients.
Referred to the Committee on Appropriations.

HR 180. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Carrell of the 87th and Davis of the 48th:
A resolution creating the Georgia Lead Poisoning Prevention Study Commit tee.
Referred to the Committee on Rules.

HR 182. By Representative Jamieson of the 22nd:
A resolution authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun County.
Referred to the Committee on State Institutions & Property.

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

HB 634. By Representatives Buck of the 135th and Smyre of the 136th:
A bill to provide for a new charter for the county-wide government of Columbus, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 9, 1993

449

HB 637. By Representatives Dixon of the 150th, Lane of the 146th, Dover of the 9th, Watts of the 26th, Bargeron of the 120th and others:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, so as to provide that the state flag shall be displayed in the public schools, prisons, courthouses, court rooms, and meeting rooms of county commissions, city councils, and boards of education of this state and in such other buildings with public access owned by the state or a political subdivision of the state.
Referred to the Committee on Rules.

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

HB 554 HB 555 HB 556 HB 557 HB 558 HB 559 HB 560
HnoB o5b6d3 HHBB 556645
HB 566 HB 567
HB 571 HB 572 HB 574

HB 580 HB 581 HB 582 HB 583 HB 584 HR 168 HR 177
HHRR 1177Q8 5bB? 17192
SB 14 SB 17
SB 76 SB 87 SB 111

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 47 Do Pass, by Substitute HB 149 Do Pass, by Substitute HB 284 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted 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 181 Do Pass

450

JOURNAL OF THE HOUSE,

Respectfully submitted,
/s/ Lee of the 94th Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 455 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 226 Do Pass HB 456 Do Pass
HB 459 Do Pass HB 465 Do Pass HB 466 Do Pass

HB 468 Do Pass HB 509 Do Pass
HB 548 Do Pass HB 570 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 226. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Shipp of the 38th, Coker of the 31st and Towery of the 30th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for the election of the members of the Board of Education of the City of Marietta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 456. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.

TUESDAY, FEBRUARY 9, 1993

451

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 459. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board 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 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 465. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for 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 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 466. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Americus," so as to provide council 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 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 468. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to reconstitute the board of education of the independent school system of the City of Americus and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

452

JOURNAL OF THE HOUSE,

HB 509. By Representatives Carrell of the 87th and Stancil of the 91st:
A bill to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 548. By Representative Dixon of the 168th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of members of the council; to provide for four members of the coun cil to be elected from council districts and for two members to be elected at large.

The report 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.

By unanimous consent, all Local Bills were ordered immediately transmitted to the Senate.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 332. By Representative Stancil of the 91st:
A bill to amend an Act providing a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen; to provide for election districts.

TUESDAY, FEBRUARY 9, 1993

453

HB 342. By Representative Patten of the 176th:
A bill to fix the compensation of the clerk of the Superior Court of Echols County.

SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issu ance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary per mits.

SB 38. By Senators Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to the weight of a vehicle and load, so as to change the allowa ble methods for complying with the weight requirements.

SB 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to provide that chiropractors may utilize and recommend hot and cold packs and structural supports.

SB 85. By Senator Pollard of the 24th:
A bill to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates relating to liens on real property for taxes payable to the United States, or certificates of discharge of federal tax liens.

SB 89. By Senator Alien of the 2nd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to authorize certain public employees to file complaints regarding the possible existence of any activity constituting fraud, waste, or abuse in or relating to any state operations or program.

SB 90. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Anno tated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not autho rized to operate in certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, so as to provide for designation and use of travel lanes.

454

JOURNAL OF THE HOUSE,

SB 91. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Trans portation enforcement officers may enforce all state laws and arrest any per son on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the non payment of a toll; to provide for fines for failure to pay tolls.

SB 93. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-5 of the Official Code of Georgia Anno tated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ride-sharing programs; to provide an effective date.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 6. By Senators Garner of the 30th, Robinson of the 16th, Thompson of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that no law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.

SR 37. By Senators Clay of the 37th, Gochenour of the 27th and Edge of the 28th:
A resolution creating the Joint Committee on State and Local Bonded Indebtedness.

SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.

SR 69. By Senator Dean of the 31st: A resolution designating the Syble W. Brannan Parkway.

SR 115. By Senator Cheeks of the 23rd:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date.

SR 118. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall Counties, Georgia; to provide an effective date.

TUESDAY, FEBRUARY 9, 1993

455

SR 119. By Senator Starr of the 44th:
A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974; to provide an effective date.

SR 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.

SR 122. By Senator Walker of the 22nd:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.

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

SB 24. By Senators Cheeks of the 23rd, Pollard of the 24th and Starr of the 44th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the opera tion of recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.

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

SB 24. By Senators Cheeks of the 23rd, Pollard of the 24th and Starr of the 44th:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the opera tion of recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.
Referred to the Committee on Industry.

SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issu ance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary per mits.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

SB 38. By Senators Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to the weight of a vehicle and load, so as to change the allowa ble methods for complying with the weight requirements.
Referred to the Committee on Transportation.

SB 61. By Senators Dawkins of the 45th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Code Section 43-9-16 of the Official Code of Georgia Anno tated, relating to the scope of practice of chiropractors, so as to provide that chiropractors may utilize and recommend hot and cold packs and structural supports.
Referred to the Committee on Health & Ecology.

SB 85. By Senator Pollard of the 24th:
A bill to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates relating to liens on real property for taxes payable to the United States, or certificates of discharge of federal tax liens.
Referred to the Committee on Judiciary.

SB 89. By Senator Alien of the 2nd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to authorize certain public employees to file complaints regarding the possible existence of any activity constituting fraud, waste, or abuse in or relating to any state operations or program.
Referred to the Committee on Judiciary.

SB 90. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-4 of the Official Code of Georgia Anno tated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not autho rized to operate in certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, so as to provide for designation and use of travel lanes.
Referred to the Committee on Transportation.

SB 91. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Trans portation enforcement officers may enforce all state laws and arrest any per son on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the non payment of a toll; to provide for fines for failure to pay tolls.
Referred to the Committee on Transportation.

TUESDAY, FEBRUARY 9, 1993

457

SB 93. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-9-5 of the Official Code of Georgia Anno tated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ride-sharing programs; to provide an effective date.
Referred to the Committee on Transportation.

SR 6. By Senators Garner of the 30th, Robinson of the 16th, Thompson of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that no law providing for or increasing any tax, fee, or assessment for state purposes shall become effective unless such law is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

SR 37. By Senators Clay of the 37th, Gochenour of the 27th and Edge of the 28th:
A resolution creating the Joint Committee on State and Local Bonded Indebtedness.
Referred to the Committee on Appropriations.

SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.
Referred to the Committee on Transportation.

SR 69. By Senator Dean of the 31st: A resolution designating the Syble W. Brannan Parkway.
Referred to the Committee on Transportation.

SR 115. By Senator Cheeks of the 23rd:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 118. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall Counties, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

458

JOURNAL OF THE HOUSE,

SR 119. By Senator Starr of the 44th:
A resolution authorizing the termination of that certain "Amendment to Leases" (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 122. By Senator Walker of the 22nd:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Retirement and referred to the Committee on Appropriations.

HB 521. By Representative Simpson of the 101st:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to define a certain term; to provide that the agency employing any person who is granted involuntary separation benefits shall pay to the state treasury the actuarial cost of such benefits.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 29. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-13 of the Official Code of Georgia Anno tated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 9, 1993

459

A BILL
To amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the sheriff or the sheriffs designated representative or a detention facility administrator or his or her designee; to provide an exception; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) (1) It shall be unlawful for any person to come inside the guard lines estab lished at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the sheriff or the sheriffs designated representative or a detention facility administrator or his or her designee; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only.
(2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon con viction thereof, shall be imprisoned for not less than one nor more than five years.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, the posses sion or distribution of a controlled substance or marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16."
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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y CampbeU Canty Carlisle

Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers
Y Clark Coker
Y Coleman.B Y Coleman.T
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cumrnings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Diion,S Y Dobbs

Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W
Y Godbee Y Golden YGoodwin
Y Greene Y Groover
Y Hammond Hanner
Y Harris.B Y Harris.M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hughes Y Hugley
James Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Johnston
Y Joyce YKaye Y Kinnamon
Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

Y Maddox YMann Y Martin Y McBee
McClinton N McKinney.B YMilam Y Mills
Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster
Poag Polak

460

JOURNAL OF THE HOUSE,

Porter Y Poston Y Powell Y Purcell
Randall N Randolph
Ray
Reaves Y Reichert Y Roberts Y Royal

Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield YSkandalakis
Y Skipper Y Smith,C Y Smith,L Y Smith,P

Smith.T Y Smith,V Y Smith,W
Smyre Y Snow Y Stancil.F Y Stancil,S
Y Stanley.L Y Stanley,? Y Stephenson Y Street

Y Taylor Teague
Y Teper Y Thomas,C
Tillman Y Titus Y Towery
Y Trense Y Turnquest
Twiggs Y Vaughan

Walker Y Wall Y Watson Y Watts Y Westmorland
White Williams,B
Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Floyd of the 138th, Holmes of the 53rd, Tillman of the 173rd and James of the 140th 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 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; 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. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $8,099,000,000 (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 ................................................................$

22.674.129 11,358,969

TUESDAY, FEBRUARY 9, 1993

461

Personal Services - Elected Officials............................................? Regular Operating Expenses .....,...................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials ...............................................................$ Capital Outlay .................................................................................$
Computer Charges...........................................................................? Real Estate Rentals..................................................................,.....? Telecommunications.......................................................................? Per Diem, Fees and Contracts - Staff.........................................? Per Diem, Fees and Contracts -
Elected Officials...........................................................................? Photography.....................................................................................? Expense Reimbursement Account...........,....................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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

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

462

JOURNAL OF THE HOUSE,

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...................................................$
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....................................................................!

14,920,434 12,636,218
386,144 521,650 108,000
9,550 802,995 39,000 311,177 105,700 14,920,434 14,920,434

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4.893,172 4,200,877 1,377,295 5,578,172 4,893,172

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,743.669 4,944,669
849,000 5,793,669 5,743,669

Section 5. Superior Courts. Budget Unit: Superior Courts.............................................................!
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$

46,474,853 44,551,668
1,791,715 153,600

TUESDAY, FEBRUARY 9, 1993
Council of Superior Court Judges ................................................$ Judicial Administrative Districts..................................................$ Habeas Corpus Clerk......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations .....................................................................$ Georgia Magistrate Courts Training Council..............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$
Section 8. Judicial Council. Budget Unit: Judicial Council .............................................................$
Council Operations..........................................................................$ Payments to Judicial Administrative
Districts for Case Counting .......................................................$ Board of Court Reporting..............................................................$ Payment to Council of Magistrate
Court Judges ................................................................................$ Payment to Council of Probate
Court Judges ................................................,...............................$ Payment to Council of State Court Judges ................................$ Payment to Resource Center.........................................................$ Payment to Computerized
Information Network ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................?
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council.............................................$
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Rents and Maintenance Expense .................................................$

463
114,499 1,464,647
7,800 48,083,929 46,474,853
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 2,319,058 2,061,454
33,248,287 47,085,583 12,345,554
258,340 74,480 1,519,947 10,398,262 3,724,137 2,819,765 402,825 10,751,716

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JOURNAL OF THE HOUSE,

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....................................................................!

38,550
2,750,000
0
0 45,094,697
383,880 16,500,000
150,000
35,825 154,333,561 33,248,287

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems
Administration Space Management
Administration Procurement Administration General Services
Administration Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services State Properties Commission Total

1,685,974 2,865,708
10,165,277
485,167 2,837,754
483,246 16,894,076 46,501,373 3,554,856 57,013,807 6,585,403
1,606,287 1,156,055 2,078,226
420.352 154,333,561

$

527,183

2,832,794

7,415,277

485,167 2,837,754

B. Budget Unit: Georgia Building Authority....................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Contractual Expense .....................................................................! Fuel....................................................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 18,778,739 5,509,356
0 215,000 176,335 60,800
16,800 122,584 171,000
0 7,466,638
263,100 0 0
32,780,352 0

TUESDAY, FEBRUARY 9, 1993

465

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

1,624,398

$

4,788,256

$

3,930,348

$

5,197,690

$

394,619

$

4,960,896

$

10,244,673

$

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 ..............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ................,.....................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$
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

32,061,169 28,652,322 3,876,578
815,170 379,616 273,063 308,700
778,070
318,274 163,072 860,000
2,386,487
1,759,941 403,760 112,700 175,000
622,817

466

JOURNAL OF THE HOUSE,

and Minor Markets.........................................................................$ Capital Outlay .................................................................................$ Contract - Federation of
Southern Cooperatives................................................................$ Tick Control Program ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................*

362,600 0
39,200 0
42,287,370 32,061,169

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

4,776,629 6,595,082 1,828,226 3,127,022 3,147,683 2,022,724 3,029,092

6,562,699

4,070,110

4,458,629

505,651

2.163,823

$

42,287,370

4,390,629 6,339,082 1,779,226 3,002,022 2,748,054 2,022,724 2,886,512
4,499,390 1,717,904
837,803 0
1,837,823 32,061,169

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment..............................................,.........................................$ Computer Charges...........................................................................* Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................* Capital Outlay.................................................................................* Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

0 818,030 169,800
5,864 0
10,755 500 0
7,708 48,081 147,160 95,000 1,302,898
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................* Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges.......................................,...................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

7.245.076 6,005,914
288,747 318,019 88,792 17,138 245,830 225,000 51,136
4.500 7,245,076 7,245,076

Section 15. Department of Children and

TUESDAY, FEBRUARY 9, 1993

467

Youth Services. Budget Unit: Department of Children and
Youth Services.................................... .....................$ Personal Services....................................................... ......................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Institutional Repairs
and Maintenance .........................................................................$ Grants to County-Owned
Detention Centers .......................................................................$ Service Benefits for Children. .......................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

78,097.283 57,924,378 4,187,906
704,472 146,860 333,177 160,324 1,029,100 673,005 1,664,915 1,960,860
341,002
2,540,400 8,016,202
212,796 79,895,397 78,097,283

Children and Youth Services Functional Budgets

Total Funds

State Funds

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

19,820,531 10,078,577 7,791,747 4,337,649 4,658,475 14,174,787 2,969,773
878,889 759,032 8,800,255
825,990
454,235
4.345.457 79,895,397

19,091,119 9,681,185 7,467,229 4,185,336 4,463,996 14,174,787 2,969,773
878,889 759,032 8,800,255
825,990
454,235
4,345,457 78,097,283

Section 16. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ Personal Services.............................................................................$ Regular Operating Expenses .......................,.................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals .........................................................,..............$ Telecommunications ........................................................,..............$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses................................................................$

13.986.952 5,355,918
220,527
135,980 0
881
208,833 516,379 42,580 96,564
68,600

468

JOURNAL OF THE HOUSE,

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 Facilities Authority for Operations..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,217,561 752,800
97,803
30,000,000 107,800 0 890,000
4,625,000
1,232,474 46,569,700 13,986,952

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Government Management Financial Assistance Coordinated Planning Total

10,915,587 1,377,483 31,943,855 2,332,775 46,569,700

9,594,587 1,360,483
967,355 2,064,527 13,986,952

Section 17. 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.................................................................!

494,375,376 358,037,857 49,317,841
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 1,580,200 506,879,091
450,000

TUESDAY, FEBRUARY 9, 1993

469

Georgia Correctional Industries. State Funds Budgeted.................

0 494,375,376

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

53,530,712

$ 358,368,395

!

94,979,984

$ 506,879,091

53,028,712 357,150,395 84,196,269 494,375,376

B. Budget Unit: Board of Pardons and Paroles......................................................................!
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

35,371,233 28,841,882
1,206,200 636,315 40,500 129,000 456,836
2,403,000 785,000 267,500 600,000 5,000
35,371,233 35,371,233

Section 18. Department of Defense. Budget Unit: Department of Defense ................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3.752.403 6,691,642 4,169,788
22,460 0
33,300
3,700
4,740
68,500 566,400 11,560,530 3,752,403

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,133,806 4,523,265 5,903,459 11,560,530

1,022,698 511,711
2,217,994 3,752,403

Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education ............................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!

3,070,839,691 37,856,260 3,982,877 1,210,209
0 439,897

470

JOURNAL OF THE HOUSE,

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........................................................................?
High School Program.....................................................................?
Special Education in
State Institutions.........................................................................?
Governor's Scholarships.................................................................?
Advanced Placement Exams.........................................................?

5,302,383 2,403,082 1,440,290 13,289,749
755,136 53,600
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 84,028,051 578,797,768 124,547,423 (594,153,230) 60,059,024 49,019,607 (36,920,019) 3,526,262
153,074,397 3,421,565 20,074,950 41,642,563 49,234,404
406,000
200,863,393
4,600,914
23,177,937 2,401,899 35,493,693 113,396,789 22,861,763
1,500,000
6,820,033
3,124,736 21,605,317
3,965,103 2,378,647
650,000

TUESDAY, FEBRUARY 9, 1993

471

Job Training Partnership Act.......................................................$ Vocational Research
and Curriculum............................................................................! Even Start ........................................................................................$ 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 ..........................................................................$
Education of Homeless Children/Youth............................................................................!
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 .............................................................................$ Serve America..................................................................................! Pre-Kindergarten Program ............................................................$ Duty-Free Lunch.............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

3,084,680
258,213 1,779,075
10,242,708 4,441,538
874,209 3,764,432
16,787,825
10,500,934
16,188,891
81,000 2,350,000
525,000
5,921,681 11,504,934
100,000
156,657
4,353,819
253,000
67,167,892 11,525,312
750,000 370,103 2,593,489
0 3,514,777,937
340,000 3,070,839,691

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

5,109,930 19,567,448 1,164,392 18,116,039 6,111,660
825,869 3,448,044,454
4,805,938 6,655,903
4,376,304

4,467,589 13,911,368 1,027,999 12,913,117 2,401,299
825,869 3,020,465,705
4,577,545 6,414,720
3,834,480

472

JOURNAL OF THE HOUSE,

Total

$ 3,514,777,937

! 3,070,839,691

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts .............................,........................$ Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

250.000 1,536,309
225,800 13,500
0 13,015 438,573 242,000 23,812 1,139,380
0 3,632,389
250,000

Section 21. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Ware County Grant........................................................................! Ware County Grant for Southern
Forest World................................................................................! Ware County Grant for Road Maintenance ...............................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

31,930.436 26,965,436 5,329,085
155,845 964,884 1,650,000 144,250 46,740 1,007,600 617,925
24,500
4,900 60,000 184,705 37,155,870 31,930,436

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

1,732,084 31,436,473
3,987,313 37,155,870

!

11,265

!

28,571,868

3.347.303
31,930,436

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Capital Outlay .................................................................................$

36,198,566 28,057,897 2,695,667
472,761 789,008 776,610 1,488,692 1,967,522 679,317 1,025,256 390,711 451,000

TUESDAY, FEBRUARY 9, 1993

473

Total Funds Budgeted....................................................................$ Total State Funds Budgeted .........................................................$

38,794,441 36,198,566

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

3,356,564 9,060,867 11,308,271
6,797,812 8.270.927 38,794,441

3,356,564 8,050,962 10,743,181
6,371,490 7.676.369 36,198,566

Section 23. Office of the Governor. Budget Unit: Office of the Govemor..................................................$
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....................................................................$

24.419,087 12,442,847
907,086 242,531
0 63,139 647,937 970,338 325,138 41,937,128 2,865,310 40,000 3,154,000 152,280 2,627,357 232,211 42,800
0 95,000 1,363,725
728,540
100,000 503,500 1,044,200
0 40,000
0 70,525,067 24,419,087

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Commission on Equal
Opportunity Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office

6,211,590
844,724
5,574,680 3,510,188 2,208,907 29,914,244

6,211,590
734,724
5,574,680 2,974,510 2,208,907
295,902

474

JOURNAL OF THE HOUSE,

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 Office of State Olympic
Coordination Total

$

243,297

$

$

523,605

$

$

11,930,191

$

$

1,775,402

$

$

206,567

$

$

411,445

$

$

3,371,360

$

$

3,498,867

$

$

300,000

$

$

70,525,067

$

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations..........----- - 1. General Administration and Support Budget:
Travel ..................................................................
Real Estate Rentals .......................................... Per Diem, Fees and Contracts ........................

......... ..$
,.$ ..$ ,.$ ,.$ ,.$
,.$

Special Purpose Contracts. ..............................

,.$

,.$

..$

,$

Postage................................................................

,.$

Payments to DMA-Community Care.............

,.$

Total Funds Budgeted......................................

Indirect DOAS Services Funding ...................

,.$

State Funds Budgeted

,$

91,147
523,605
343,412
495,402 206,567
0
3,371,360
1,087,281
300,000 24,419,087
554.940.314
42,420,443 1,889,111 1,160,886 863,000 96,052 4,484,397 697,789 877,000 645,969 307,485 19,153,867
30,196,885 59,455 939,821
13.213,121 117,005,281
412,600 70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children
and Youth Administrative Support
Services Facilities Management Administrative Appeals Regulatory Services -
Program Direction and Support Child Care Licensing Health Care Facilities Regulation

$

737,000

$

1,979,593

$

19,153,867

$

16,034,637

$

5,046,140

$

1,587,761

$

584,783

$

2,709,605

$

6,210,964

$

737,000

$

1,979,593

$

18,631,822

$

15,068,537

$

3,499,255

$

1,587,761

$

574,783

$

2,709,605

$

1,849,067

TUESDAY, FEBRUARY 9, 1993

475

Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning
Agency Total

5,823,352 5,279,758 1,747,275 1,736,257
0 398,942 46,520,589
1.454,758 117,005,281

792,241 5,079,758 1,747,275 1,736,257 (7,766,215)
398,942 20,897,762
1,394,758 70,918,201

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...............................................................! Institutional Repairs and Maintenance.........................................................................! Postage..............................................................................................! Grants for Regional Maternal and Infant Care...........................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

46,781,952 69,848,568
890,347 40,000 95,566 1,088,038 4,040,921 689,083 697,336 7,739,825 308,000 2,928,130
950,000 515,602 640,000 654,009 10,875,141 74,210,729
29,700 133,686
747,761 223,904,394
549,718 113,229,449

Public Health Functional Budgets

Total Funds

State 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

10,998,587 1,014,010 1,354,336
1,921,067
3,422,136
5,363,033
3,639,862 6,974,039 71,297,675

10,868,912 738,855
1,144,161
1,391,067
3,027,407
5,251,033
296,020 3,869,875
0

476

JOURNAL OF THE HOUSE,

Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Maternal and Child
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 Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Public Health -
Division Indirect Cost Total

49,011,370 12,616,713 2,942,492 1,641,238
639,048 794,646
2,454,914
987,912 1,329,405 2,511,353 1,031,530
498,922 3,958,331
809,745 322,420 1,624,636 1,758,251 720,797 922,953 5,296,984 3,108,063 339,338 6,778,097 9,954,417 2,823,605 2,870,878
171,591
0 223,904,394

46,346,054 7,616,713 1,885,944 1,269,250 473,560 0
1,987,934
663,163 506,479 1,601,605 1,031,530 498,922 3,828,701 612,520 322,420 1,491,035 1,539,222 497,979 749,036 5,176,984 1,228,650 250,701 3,300,102 696,591 1,865,229 1,816,778
155,071
(770,054) 113,229,449

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..............................

62,837,150 10,416,531
800,674 45,100 331,676 3,551,681 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 7,991,975 139,000 892,620 510,068 113,620,136 100,000 19,816,102

Rehabilitation Services Functional Budgets

Total Funds

State Funds

TUESDAY, FEBRUARY 9, 1993

477

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

37,894,528 596,298 457,965
1,604,916 6,748,653
6,712,772
756,765
3,180,222 602,613
23,841,138
11,613,444
19.610,822 $ 113,620,136

!

8,057,978

!

389,540

!

131,761

!

778,829

!

2,636,328

!

1,299,599

!

0

!

1,201,178

!

602,613

!

0

!

765,429

!

3,952,847

!

19,816,102

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....................................................................!

37,632,181 3,369,889
651,453 0
227,655 1,856,861 9,464,103 21,938,065 2,118,333 1,126,134 466,879,474 3,703,926 112,192,901 14,518,920 3,142,475 233,896,918 912,719,288 2,565,582 350,976,562

Family and Children Services Functional Budgets

Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -

363,168 3,065,140 5,588,224
3,650,549 11,091,750 1,207,894 1,665,126 23,008,256 39,269,890 456,268,372
100 2,799,421 8,665,581

!

363,168

!

3,065,140

!

4,493,755

!

3,650,549

!

941,219

!

1,207,894

!

1,497,727

!

9,862,797

!

3,406,848

! 173,362,394

!

100

!

0

!

0

478

JOURNAL OF THE HOUSE,

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 Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

98,713,966
73,828,638 2,769,480
7,199,934
47,958,249
6,196,131 13,988,947 1,730,874 32,309,023 5,586,136 2,074,927 6,453,207 54,857,157
144,817 1,012,316
1,252,015 0
912,719,288

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/

49,298,280
25,322,660 0
1,769,007
21,480,589
2,353,667 5,457,000 1,275,316 21,964,287 4,437,334 1,969,337 4,530,793 14,915,359
144,817 988,714
1,252,015 (8,034.204) 350,976,562
189,671,726 85,524,099 3,503,360
948,100 750,949 10,980,977 19,132,980 25,223,157 4,918,531 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092
27,000 640,000 1,126,134 466,879(474 5,258,920 131,346,768 63,582,921 74,210,729 228,155 892,620 4,726,050 13,213,121
747,761 233,896,918

TUESDAY, FEBRUARY 9, 1993

479

Mental Retardation and Institutions...............................................................! 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.......................................! Substance Abuse Community Services........................................! Mental Retardation Community Services...................................! Mental Health Community Services............................................! Community Mental Health Center Services...............................! Special Purpose Contract...............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

413,561,428 341,508,994 35,937,623
283,053 420,000 1,772,651 4,066,700 234,554 2,348,900 8,149,039 11,469,056 714,900 1,724,700 42,737,596 91,067,922 21,876,993 56,092,683 272,118 620,677,482 2,404,100 413,561,428

Community Mental Health/Mental Retardation 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

40,512,868 30,820,338
32,567,161
23,923,914
30,092,197
30,435,255 136,507,219
24,842,773
46,848,380
22,916,873 3,462,612
10,233,627
4,786,953
69,881,100 21,536,590
702,484 516,969 1,090,072

!

24,418,556

!

10,788,238

!

25,235,922

!

19,918,233

!

22,000,759

!

20,993,416

!

80,635,141

!

18,563,294

!

20,726,768

!

17,500,655

!

2,593,738

!

10,057,319

!

2,939,056

!

42,145,100

!

17,262,697

702,484 516,969 1,090,072

480

JOURNAL OF THE HOUSE,

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 Total

56,092,683 379,214
1,406,231
280,748 340,403
4,099,727
15,536,164
90,900 10.774.027 620,677,482

47,370,568 379,214
1,210,731
280,748 340,403
4,099,727
15,536,164
90,900 6,164.556 413,561,428

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................$ 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 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....................................................................!

15,729.790 7,791,692 1,343,815
244,217 59,760 53,769 106,285 843,733 203,076 676,248 126,910 4,240,985 1,445,000
0
0 24,500
0
0 9,800
0 17,169,790 15,729,790

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

8,370,075

$

4,441,686

!

4,358.029

!

17,169,790

!

7,550,075

!

4,281,686

!

3.898.029

!

15,729,790

Section 26. Department of Insurance. Budget Unit: Department of Insurance .......
Personal Services........................................

14,293,756 11,775,443

TUESDAY, FEBRUARY 9, 1993

481

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....................................................................!

706,912 394,214 40,500 280,880 653,502 611,762 286,025 150,000
0 14,899,238 14,293,756

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

4,570,910

!

5,562,035

!

477,115

!

4.289.178

!

14,899,238

$

4,570,910

$

5,562,035

$

477,115

$

3,683,696

$

14,293,756

Section 27. Department of Labor. Budget Unit: Department of Labor....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts (JTPA)........................................! Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6.455,582 62,661,235 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 2.130,000 149,869,402 6,455,582

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

$

22,577,652

! 127.291,750 ! 149,869,402

$

3,748,276

$

2.707,306

$

6,455,582

Section 28. Department of Law. Budget Unit: Department of Law.......................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

8.727,304 8,184,253
335,425 84,057
0 4,030 149,533 462,926

482

JOURNAL OF THE HOUSE,

Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

92,080
30,000
110.000 9,452,304 8,727,304

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Personal Services.............................................................................! Regular Operating Expenses.......................................................,.! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties for Mental Health...................................! Audit Contracts...............................................................................! SFY 1992 Medicaid Benefits,
Penalties and Disallowances......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

960.305.837 12,919,198 3,273,421 104,200 0 48,176 16,926,286 935,973 401,058 56,408,982
2,413,356,054 43,767,828 772,500
222.957.982 2,771,871,658
960,305,837

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

!

905,927

!

Benefits, Penalties

and Disallowances

! 2,680,081,864

!

Community Services

!

1,067,418

!

Systems Management

!

18,713,573

!

Professional Services

!

2,198,326

!

Program Compliance

!

4,570,579

!

Institutional Policy

and Reimbursement

!

6,488,687

!

Maternal and Child Health

!

482,950

!

Operations

!

57,362,334

!

Total

! 2,771,871,658

!

B. Budget Unit: Indigent Trust Fund................................................!

Per Diem, Fees and Contracts......................................................!

Benefits.............................................................................................!

Total Funds Budgeted....................................................................!

State Funds Budgeted....................................................................!

448,817
944,231,236 379,647
5,277,579 909,852
1,730,418
3,606,486 137,939
3,583,863 960,305,837 90,578,050
0 238.866.166 238,866,166 90,578,050

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration........................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................!

0 7,511,814 1,679,552
81,440 37,805 912,524 92,116,066 3,301,983 283,826

TUESDAY, FEBRUARY 9, 1993

483

Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................! Other Agency Funds .......................................................................$ Agency Assessments........................................................................! Employee and Employer Contributions .........................,............$ Deferred Compensation..................................................................! State Funds......................................................................................$

701.835.729 807,760,739
80,897
10,019,257 797,526,054
134,531 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

1,703,261 2,685,972
1,294,061 1,285,149
1,305,848
27,259,286 769,635,934
2.591,228 807,760,739

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts.......,................................,.............! Computer Charges...........................................................................! Telecommunications.......................................................................! Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................! Cost of Material for Resale ...........................................................! Capital Outlay: New Construction............................................................................! Repairs and Maintenance..............................................................! Land Acquisition Support.............................................................! Wildlife Management Area Land
Acquisition....................................................................................! Shop Stock - Parks.........................................................................! User Fee Enhancements..................................,..............................! Buoy Maintenance..........................................................................! Waterfowl Habitat..........................................................................! Paving at State Parks and
Historic Sites................................................................................! Grants:
Land and Water Conservation......................................................! Environmental Facilities................................................................! Historic Preservation......................................................................! Recreation.........................................................................................! Contracts: Georgia Special Olympics..............................................................!

59.258.781 59,515,856 11,499,043
384,234 1,614,659 2,098,805 4,164,903 1,089,506
794,950 996,057 147,440 150,000 2,450,000
503,703 2,228,500
330,000
585,000 270,000 1,129,000 30,000
0
400,000
800,000 0
234,330 0
49,000

484

JOURNAL OF THE HOUSE,

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....................................................................!

0 106,513
170,047 9,800 88,472
300,000
0
2,448,394 5,000
94,593,212
314,594
2,122,585 200,000
59,258,781

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

6,611,382
34,677,361 1,669,991 28,251,643 23,382,835 94,593,212

2,225,234
17,833,561 1,563,491 24,024,491 13,612,004 59,258,781

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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

Section 32. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................... 1. Operations Budget:
Personal Services................................................

82.419,028 47,389,536

TUESDAY, FEBRUARY 9, 1993

485

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges..............................................................--------.? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? State Patrol Posts Repairs
and Maintenance.........................................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................? 2. Driver Services Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment.....................................TM................................................? 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....................................................................?

6,793,660 113,000
2,391,120 504,520 0 7,735 602,000 194,150
150,000 0
58,145,721 150,000
57,995,721
18,102,456 1,928,201
22,000 25,000 155,700 3,607,000 39,600 590,000 85,350
0 290,000
30,000 1,048,000 25,923,307 1,500,000 24,423,307

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

11,446,055 25,923,307 46,699,666 84,069,028

11,446,055 24,423,307 46,549,666 82,419,028

B. Budget Unit: Units Attached for Administrative Purposes Only.........................................................?
1. Attached Units Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Peace Officers Training Grants ....................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
2. Office of Highway Safety Budget:

12,768,516
6,843,024 2,500,836
91,200 0
101,720 377,000 100,821 142,000 572,840 3,016,149
0 13,745,590 12,475,528

486

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

468,615 43,742 10,828
0 3,096 37,600 75,078 3,670 74,012 3,500,000 4,216,641 292,988

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firelighters
Standards and Training Council Georgia Public Safety Training Facility Total

4,216,641
4,895,730 1,159,276 1,044,905

397,332

6.248.347

$

17,962,231

292,988
4,895,730 859,216 964,905
397,332
5.358.345 12,768,516

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees' Retirement System.............................$ Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9.622,000 472,000
9,150,000 9,622,000 9,622,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission..........................................!
Personal Services.............................................................................! Regular Operating Expenses .......................................................,,! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts...................................,..................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8.240.248 6,055,926
387,583 165,442 133,328 10,682 400,600 321,189 122,366 2.098.115 9,695,231 8,240,248

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

!

1,520,898

!

3,091,378

!

5.082.955

!

9,695,231

1,520,898 1,750,117 4.969,233 8,240,248

TUESDAY, FEBRUARY 9, 1993
Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................$ 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....................................!
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.......................................................! Capital Outlay - ETMH.................................................................$ 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....................................................................!

487
800,775,892
912,491,091 127,868,149
211,894,841 130,027,723
5,656,519 300,346 327,618 281,769
1,550,000 19,930,103 1,410,328,159 35,145,666 258,453,106 312,926,195 3,027,300 800,775,892
136,572,782
229,830,296 71,769,222
126,848,743 38,685,565
0 1,851,062 1,537,913
2,582,707 2,390,499
146,403 5,194,000 17,400,000 1,686,906 8,160,050 1,101,055
552,720 184,240
808,908
206,780
6,203,236 517,140,305
0 112,271,263 267,740,560
555,700 136,572,782

488

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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

$

1,706,531

$

3,568,530

$

1,303,980

$ 127,675,519

$

7,302,905

$

47,848,067

$

41,644,325

$ 242,606,023

$

2,419,303

$

2,486,322

!

11,072,440

!

2,295,254

$

3,276,299

$

21,934,807

$ 517,140,305

1,169,743 1,355,342
853,257
11,709,917 2,009,167
30,987,555
24,988,513
27,679,204 2,419,303
449,604
11,072,440
0 45,745 21.832.992 136,572,782

C. Budget Unit: Georgia Public Telecommunications Commission ..............................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................!
Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

0 6,733,297 7,745,891 14,479,188
14,479,188
0

Section 36. Department of Revenue.
Budget Unit: Department of Revenue ...............................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

79,886.570 50,496,965 4,329,794 1,370,575
62,745 551,124 12,180,702 2,646,528 1,023,411 1,591,243 4,550,926
0 2,439,610 3.313.844 84,557,467 3,845,000 79,886,570

TUESDAY, FEBRUARY 9, 1993

489

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

$

8,974,065

$

10,451,987

$

9,446,504

$

17,483,129

$

7,786,460

$

15,317,389

$

6,899,238

$

3,935,931

$

4,215,912

$

46,852

$

84,557,467

$

8,974,065

$

10,251,987

$

8,631,304

$

17,183,129

$

7,086,460

$

14,017,389

$

6,899,238

$

2,910,034

$

3,886,112

$

46.852

$

79,886,570

Section 37. Secretary of State. Budget Unit: Secretary of State...........................................................$
...........................................$
Travel..................................................... ...........................................$ Motor Vehicle Purchases .................... ...........................................$
...........................................$ ...........................................$ Real Estate Rentals ............................. ...........................................$
...........................................$ ...........................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................a

22,163,259 14,948,849 2,187,541
176,350 208,000 169,387 964,815 2,277,620 303,710 776,987 650,000 22,663,259 22,163,259

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 State Examining Boards Total

$

3,153,195

$

4,368,619

$

4,235,404

$

1,536,087

$

968,286

$

269,339

$

8,132,329

$

22,663,259

$

3,013,195

$

4,293,619

$

4,140,404

$

1,500,087

$

914,286

$

269,339

$

8,032,329

$

22,163,259

B. Budget Unit: Real Estate Commissio:n..... ....................................$

Travel..................................................... ...........................................$

............................................$

Equipment.........................................................................................$

...........................................$

Real Estate Rentals .........................................................................$

............................................$

Per Diem, Fees and Contracts ...........,...........................................$

Total Funds Budgeted.....................................................................$

State Funds Budgeted

... ............. ............. $

1.754.416 1,027,392
153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750 1,754,416 1,754,416

Real Estate Commission Functional Budget

490

JOURNAL OF THE HOUSE,

Real Estate Commission

State Funds

$

1,754,416

Cost of

Operations

$

1,794,416

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation
Commission..............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1.643,494 885,630 108,635 54,050 0 12,375 7,250 53,377 15,920 705,914 416,768
2,259,919 1,643,494

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission......................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College ROTC Grants..........................................! Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship Grants...........................................! Paul Douglas Teacher Scholarship Loans...................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

25.026,997 4,592,951
397,661 81,800
0 18,500 366,027 145,000 38,000 24,763
0 4,076,000 16,924,274
4,803,940
38,000 85,000 160,000 501,740 425,000 32,678,656 25,026,997

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

!

5,178,917

$

0

!

27,013,954

$

485.785

!

32,678,656

0
0 24,541,212
485,785 25,026,997

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.........
Personal Services..................................................

3.800,000 3,404,588

TUESDAY, FEBRUARY 9, 1993

491

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.............. ..........................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Retirement System Members ........................................................$ Floor Fund for Local Retirement Systems .................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

320,500 26,650 3,200 944,361 315,500 63,014 320,000
3,200,000 600,000
9,197,813 3,800,000

Section 41. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education..............................................!
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....................................................................!

121.216.988 3,586,821 357,303 108,250 0 17,000 391,822 454,619 141,000 713,500 85,856,410 18,459,911 0 5,815,340 23,268,933 2,584,343 10,506,158
152,261,410 121,216,988

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,770,315 146.491,095 152,261,410

!

3,962,520

! 117,254,468

! 121,216,988

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................! For public roads and bridges and for other transportation activities.
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel.................................................................................,..............! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................!

420,254,091
223,456,977 58,998,174 1,555,799
820,368 5,187,002 5,088,058 1,307,274 2,406,075 11,960,705 751,374,730

492

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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....................................

975,335 850,000 9,342,544 680,000
3,000.000 1,077,003,041
420,254,091

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 790,093,128

$ 228,575,142

$

8,689,580

$

22.499.387

$ 1,049,857,237

$ 166,253,128

$ 217,175,142

$

8,039,580

$

21,919,387

$ 413,387,237

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 Planning and Construction Total

0 1,517,581
21,898,223
3,680,000 50,000
27,145,804

0 1,157,581
4,979,273
680,000
50,000 6,866,854

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service............
Personal Services. ....................................................... Regular Operating Expenses ....................................
Motor Vehicle Purchases .
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....................................................................!

20,845,883 4,343,151
109,725 71,200
0 83,100
8,800
233,487 55,500 23,000
15,255,296
6,033,934
80,321 26,297,514 20,845,883

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville

4,856,463 15,326,196

$

4,652,480

$

11,805,918

TUESDAY, FEBRUARY 9, 1993

493

Veterans Nursing Home - Augusta
Total

$

6,114,855

$

26,297,514

4,387.485 20,845,883

Section 44, Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........
Personal Services.................................................. Regular Operating Expenses.............................. Travel..................................................................... Motor Vehicle Purchases .................................... Equipment............................................................. Computer Charges................................................ Real Estate Rentals ............................................. Telecommunications............................................ Per Diem, Fees and Contracts ........................... Payments to State Treasury............................... Total Funds Budgeted......................................... State Funds Budgeted.........................................

9,343.742 6,763,040
308,220 64,750
0 13,958 190,110 932,964 105,000 239,200 1,000,000 9,617,242 9,343,742

Section 45. 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) ............ .............................................$

312,420,349 68,310,000 380,730,349
6,307,710 0
6,307,710

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations 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 oper ation of the National Center for State Courts.

Section 47. 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 48. 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

494

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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 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Children and Youth Services.
Section 55. Provisions Relative to Section 16, 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 56. Provisions Relative to Section 17, 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 57. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,653.98. In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

TUESDAY, FEBRUARY 9, 1993

495

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 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 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.

496

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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 58. Provisions Relative to Section 20, Employees' Retirement Sys tem. 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 59. Provisions Relative to Section 21, 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 60. Provisions Relative to Section 23, 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 61. Provisions Relative to Section 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

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

TUESDAY, FEBRUARY 9, 1993

497

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.
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.
It is the intent of this General Assembly that the Department of Human Resources use existing funds to purchase meningitis vaccines.
It is the intent of this General Assembly that existing funds be utilized to complete the expansion of the Clayton County DFACS office.
Section 62. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for upgrading computer systems.
Section 63. Provisions Relative to Section 29, 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 64. Provisions Relative to Section 30, 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 employer 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 employer 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 65. Provisions Relative to Section 31, 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.

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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 66. Provisions Relative to Section 32, 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 67. Provisions Relative to Section 35, 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. 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 68. Provisions Relative to Section 37, 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 69. Provisions Relative to Section 41, 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 70. Provisions Relative to Section 42, 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

TUESDAY, FEBRUARY 9, 1993

499

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 maxi mum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $481,697,237 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 71. 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 72. 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 73. 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

500

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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 74. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 78. 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 79. (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

TUESDAY, FEBRUARY 9, 1993

501

recommendations contained in the Budget Report submitted to the General Assembly at the 1993 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 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 adminis tration of the annual operating budget.

Section 80. 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 81. 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 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Facilities for the Board of Regents
Deepening of the Savannah Harbor - Georgia Ports Authority (Industry,

Principal Amount
12,765,000

Debt Service
1,250,970

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JOURNAL OF THE HOUSE,

Trade and Tourism) Public road, bridge or
navigational facilities for the Department of Transportation Public road and bridge facilities for the Department of Transportation

32,480,000 4,000,000 15,000,000

3,183,040 392,000
1,470,000

B.) Maturities not to exceed sixty months.

Planning and Design of Building for the State Department of Defense

$

50,000

$

11,700

Section 82.1. The constitutionally elected official, appointed departmental com missioner, or otherwise designated chief officer of each budget unit in the Appropriations Act shall develop a system for reporting to the Fiscal Affairs Subcommittees of the House and Senate recommendations on all programs subject to continuing appropriations where the department feels an appropriate review may cause savings or efficiencies or repeal of said program from future continuing appropriations. The Fiscal Affairs Subcommittees shall report to the membership of the General Assembly, within one week of the convening of each annual meeting of the General Assembly, a list of all programs brought to the Fis cal Affairs Subcommittees as well as actions recommended, if any, by the Fiscal Affairs Subcommittees of the General Assembly. It is the expressed intent of the General Assem bly to seek, in a positive environment, recommendations from those charged with manag ing the appropriations of state funds, ways to economize and make the operations of the government more efficient. It is further the intention of the General Assembly to seek con structive advice on those programs which no longer merit continuing appropriation, or those programs which, through merger with other operations, may result in a positive reduction in the expenditures of state government.

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 1993..........................................................................$ (Including $90,578,050 in Indigent Trust Fund)

8,251,716,454

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."

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

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

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 121.
The motion prevailed.

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

TUESDAY, FEBRUARY 9, 1993

503

HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title.

By unanimous consent, further consideration of HB 72 was postponed until tomorrow morning, immediately following the period of unanimous consents.

HB 172. By Representatives Davis of the 48th, Twiggs of the 8th and McKinney of the 51st:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Anno tated, relating to requirements for reporting stolen motor vehicles and notice to the owner upon recovery, so as to define certain terms; to provide that the law enforcement agency reporting the stolen vehicle shall notify the owner upon its recovery; to provide that the agency recovering the vehicle shall report recovery to the agency originally reporting such vehicle stolen.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 496. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain requirement for a physical examination as a part of the application for membership.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 181. By Representatives Towery of the 30th, Smith of the 174th, Lawrence of the 64th, Stancil of the 16th and Felton of the 43rd:
A resolution commending and recognizing Honorable Newt Gingrich and inviting him to appear and be recognized before the House of Representa tives on February 9, 1993.

The following Resolutions of the House were read and referred to the Committee on Rules:

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JOURNAL OF THE HOUSE,

HR 191. By Representative Lawson of the 20th:
A resolution commending and recognizing the Georgia Recreation and Park Association and inviting its members to appear and be recognized before the House of Representatives.

HR 192. By Representatives Bunn of the 74th and O'Neal of the 75th:
A resolution in memory of Captain Jeffrey Stewart Wright, U.S.M.C., and inviting his family to appear before the House of Representatives.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 171. By Representatives Thomas of the 100th, Chambless of the 163rd and Simpson of the 101st:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Anno tated, relating to campaign contribution disclosure reports, so as to provide for additional filing fees for reports which are filed late.

The following amendment was read and adopted:

Representative Johnson of the 148th moves to amend HB 171 by striking on line 13 of page 1 the symbol and number "$50.00" and inserting in lieu thereof the symbol and number "$25.00".
By striking on line 15 of page 1 the symbol and number "$25.00" and inserting in lieu thereof the symbol and number "$50.00".

The following amendment was read and lost:

Representative Brown of the 117th moves to amend HB 171 as follows:
To add line 14 after the word "late." The penalty fee of $25 is payable after receipt of notice of late filing.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend HB 171 as follows: By adding a new sentence after the word "filed" on line 17 page 1 to read: Provided however a 15 day extension period shall be granted on the final report.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron

Y Barnes Y Bates
Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove

Y Brooks.D N Brooks.T N Brown YBuck Y Buckner YBunn Y Burkhalter

YByrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn

Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B

TUESDAY, FEBRUARY 9, 1993

505

Y Coleman,T Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Ehrhart NEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Manner

Harris,B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson.D.H
Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D

NLane,R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Y Milam YMiUs Y Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Par ham
Y Parrish
Y Patten Y Pelote Y Perry

Y Pinholster NPoag YPolak Y Porter YPoston Y Powell Y Purcell
Randall N Randolph
Ray Y Reaves
Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson N Sinkfleld Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith,V Y Smith.W YSmyre

YSnow Y Stancil,F Y Stancil,S N Stanley.L N Stanley,? N Stephenson Y Streat Y Taylor N Teague Y Teper Y Thomas.C Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland N White Y WilliamB.B Y WilliamsJR Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Johnson of the 153rd, Reichert of the 126th, Towery of the 30th and Ehrhart of the 36th 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 adopted:

HR 195. By Representatives McBee of the 88th, Heard of the 89th, Stancil of the 91st, Buckner of the 95th, Scoggins of the 24th and others:
A resolution recognizing the contributions of senior Georgians and declaring the week of February 8 through February 12, 1993, as "Senior Georgians Week at the State Capitol".

HR 196. By Representatives Coleman of the 142nd, Murphy of the 18th, Groover of the 125th and Walker of the 141st:
A resolution commending and recognizing King Harald and Queen Sonja of Norway.

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

HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.

506

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to authorize the Department of Natural Resources to issue permits for the construction, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to grant revocable license agreements without competitive bid ding.

The following amendment was read and adopted:

The Committee on Game, Fish & Parks moves to amend HB 195 by striking on line 10 of page 2 the word "not".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel!
Y Childere Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G N Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart
Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,K Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence
Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney.B
YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pinholster Poag
Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Y Skipper

On the passage of the Bill, as amended, the ayes were 167, nays 1.

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith, W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams.R YYates Y Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 9, 1993

507

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

Representative Skandalakis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to determination of paternity, so as to change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing; 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. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to determination of paternity, is amended by striking Code Section 19-7-45, relating to blood testing in paternity cases, and inserting in its place a new Code section as follows:
"19-7-45. As soon as practicable after an action has been brought, the court, upon motion of the petitioner, the respondent, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human icucocytft dHti^cfi \frijA,) test/in^ ctnu genetic t63tiii n sv&ii&Die* wnicn nsvc DCCR cicvcieped er established fer purposes ef disproving er proving parentage ami any of the types of testing specified in subsection (b) of Code Section 19-7-46, which are reasonably accessible. In cases in which the Department of Human Resources is the petitioner pur suant to paragraph (4) of subsection (a) of Code Section 19-7-43, the court shall upon motion of any party to the action order the mother, the alleged father, and the child to submit to such blood tests. If the court orders the blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly quali fied licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by a party, the court may order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to sub mit to an order for a blood test, the court may dismiss the action upon motion of the respondent."
Section 2. Said article is further amended by striking Code Section 19-7-46, relating to evidence at trial in paternity proceedings, and inserting in its place a new Code section to read as follows:
"19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, shall be

508

JOURNAL OF THE HOUSE,

admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.
(b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.
{b) (c) Evidence of a refusal to submit to a blood test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.
{e} (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony.
{4} (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.
{e} (f) Other relevant evidence shall be admitted as is appropriate."
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks.D Y Brooks.T Y Brown YBuck
Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews
Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
YDix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins
Y Johnson,D.H Y Johnson ,E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas N Maddox YMann Y Martin Y McBee Y McClinton Y McKinney.B Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Par ham
Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L
Y Smith,P Y Smith.T Y Smith.V
Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson
Y Watts N Westmoreland
Y White Y Williams.B Y Williams.R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 9, 1993

509

Representative Smith of the 174th 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 Maddox of the 108th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker Pro Tern assumed the Chair.
HB 408. By Representative Childers of the 13th: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Anno tated, relating to podiatrists, so as to change the provisions relating to appli cations for examination.
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 Ashc Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon.S YDobbs
Dover Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson^I Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon
Y Klein YLadd YLakly
Y LaneJD Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin
McBee Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
YOrrock Y Padgett
Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan YSherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,? Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus
Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to mechanical malfunction, the vote of Representative McBee of the 88th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
90.

510

JOURNAL OF THE HOUSE,

HB 409. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists and dental hygienists, so as to change the provi sions relating to temporary licenses to practice as a dental hygienist.

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:

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs
Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson.J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLaneJD Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B Y Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Padgett YParham Y Parrish Y Patten Y Pelote
Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith.V Y Smith,W YSmyre
Snow Y Stancil,F
Y Stancil,S Stanley,L Stanley,?
Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker YWall
Y Watson Y Watts
Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Padgett of the 119th and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wishei to be recorded as voting "aye" thereon.

HB 410. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-9 of the Official Code of Georgia Anno tated, relating to examinations for licensing as hearing aid dispenser, so as to change the provisions relating to applications for examination.

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

TUESDAY, FEBRUARY 9, 1993

511

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Y Brooks.D Y Brooks.T Y Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B
Y Harris,M Hart
Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Jamieson
Y Jenkins Y Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson.J
Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
YLord Lucas
Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Sroith,P Y Smith,T Y Smith.V
Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.8 Y Stanley.L
Y Stanley,P Y Stephenson Y Streat Y Taylor
YTeague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams,B Y Williams,R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, so as to provide for regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.

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:

YAshe Y Atkins
Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T

Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers

Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell YCox Y Crawtord
Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis.M
Y Dickinson YDix Y Dixon.H

Y Dixon,S YDobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Ployd,J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Banner

Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins

512

JOURNAL OF THE HOUSE,

Y Johnson.D.H Y Johnson,E Y Johnson.G
Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R
Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield
Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts
Y Westmoreland Y White Y Williams,B Y Williams.R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 167, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 189. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to special primaries or special elections to fill vacancies in public office.

By unanimous consent, further consideration of HB 189 was postponed until tomorrow morning, immediately following the period of unanimous consents.

HB 295. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Hembree of the 98th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.

By unanimous consent, further consideration of HB 295 was postponed until tomorrow morning, immediately following the period of unanimous consents.

HB 297. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister

Y Barfoot
Y Bargeron Y Barnes Y Bates Y Benefield

Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D

Y Brooks/T Y Brown YBuck Y Buckner YBunn

Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle

TUESDAY, FEBRUARY 9, 1993

513

Y Carrell Y Carter Y Cauthom Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis.M Y Dickinson YDix
Dixon,H Y Dixon.S Y Dobbs Y Dover Y Ehrhart
YEpps Evans
Y Felton Y Floyd,J.M

Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E
Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce

YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton Y McKinney.B YMilam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham

Y Parrish Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper
Smith,C Y Smith,L
Y Smith,P Y Smith.T Y Smith,V

Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Streat Y Taylor
Y Teague YTeper
Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense
Y Turnquest Y Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth 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 296 Do Pass, as Amended
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 30 Do Pass, by Substitute
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

514

JOURNAL OF THE HOUSE,

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 248 Do Pass, by Substitute
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 112 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 69 Do Pass HB 77 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 538 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

TUESDAY, FEBRUARY 9, 1993

515

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 87 Do Pass HB 229 Do Pass HB 303 Do Pass, by Substitute

HB 328 Do Pass, by Substitute HB 493 Do Pass, by Substitute

Respectfully submitted, Is/ Dover of the 9th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker: The Senate insists on its Substitute to the following Bill of the House:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

Representative Walker of the 141st 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.

516

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 10, 1993

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and waa called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. William M. Suttles, Pastor, Haralson Baptist Church, Haralson, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, 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 content, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 616. By Representatives Bannister of the 77th, Johnston of the 81st, Lakly of the 105th, Johnson of the 148th, Breedlove of the 85th and others: A bill to amend Code Section 48-5-7 of the Official Code of Georgia Anno tated, relating to assessment of tangible property for ad valorem tax pur poses, so as to provide for refunds to taxpayers in the event that the assessed fair market value of property exceeds the actual sales price of such property in certain transactions.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 10, 1993

517

HB 617. By Representatives Bannister of the 77th, Breedlove of the 85th, Johnston of the 81st, Williams of the 114th and Crews of the 78th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program; to change cer tain provisions regarding program weights for art, music, and physical educa tion specialists.
Referred to the Committee on Education.

HB 618. By Representatives Bannister of the 77th, Johnson of the 148th, Lakly of the 105th, Breedlove of the 85th and Crews of the 78th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that the collection of certain additional annual registration fees for certain special license plates and prestige license plates shall not be required.
Referred to the Committee on Motor Vehicles.

HB 619. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to amend an Act creating a charter for the City of Chickamauga, so as to provide for an elected board of education for the City of Chickamauga as mandated by an amendment to the Constitution of Georgia, Article VIII, Section V, Paragraph II, and approved by the voters on November 3, 1992.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 620. By Representatives Royal of the 164th, Cox of the 160th, Bates of the 179th, Greene of the 158th, Titus of the 180th and others:
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 South Georgia Judicial Circuit.
Referred to the Committee on Judiciary.

HB 621. By Representatives Coker of the 31st, Atkins of the 29th, Ehrhart of the 36th, Shipp of the 38th, Clark of the 40th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position if the term of the office for which such chairperson or commissioner is qualifying begins more than 30 days prior to the expira tion of such chairperson's or commissioner's present term of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 622. By Representatives Mills of the 21st, O'Neal of the 75th, Crews of the 78th, Westmoreland of the 104th, Evans of the 28th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that a person under the age of 21 shall not drive or be in actual physical control of any motor vehicle while the person's alcohol concentration is 0.02 grams or more.
Referred to the Committee on Motor Vehicles.

518

JOURNAL OF THE HOUSE,

HB 623. By Representatives Bannister of the 77th, Goodwin of the 79th, Breedlove of the 85th and Crews of the 78th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to provide that the provisions of such article shall apply to each county in this state.
Referred to the Committee on Motor Vehicles.

HB 624. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to revise definitions; to prohibit yard trimmings from being placed in or mixed with solid waste for disposal in solid waste landfills or other disposal facilities.
Referred to the Committee on Natural Resources & Environment.

HB 625. By Representatives Skandalakis of the 45th and Burkhalter of the 41st:
A bill to repeal a local constitutional amendment continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 20, 1986, authorizing Fulton County to issue general obliga tion bonds without a referendum election under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 626. By Representatives Shipp of the 38th, Cauthorn of the 35th, Vaughan of the 34th, Atkins of the 29th and Coker of the 31st:
A bill to amend an Act creating a new charter for the city of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 627. By Representatives Barnes of the 33rd, Culbreth of the 132nd, Atkins of the 29th, Chandler of the 99th, Cummings of the 27th and others:
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 members of such retirement system may retire without regard to age after obtaining certain amounts of creditable service by certain dates.
Referred to the Committee on Retirement.

HB 628. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to change the provisions relating to court administrators and their compensation.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 10, 1993

519

HB 629. By Representatives Holland of the 157th, Poston of the 3rd and Walker of the 141st:
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 all residential telephones in this state shall be rendered incapable of calling 976 or 900 numbers unless the cus tomer expressly requests otherwise.
Referred to the Committee on Industry.

HB 630. By Representatives Twiggs of the 8th, Dover of the 9th, Parham of the 122nd, Parrish of the 144th and Hughes of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the "Motor Fuel Tax Law," so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish minimum documentation for interstate and international shipments of motor fuels.
Referred to the Committee on Ways & Means.

HB 631. By Representative Barnes of the 33rd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing and regulation of polygraph examiners, so as to repeal the exemptions from payment of application and licensing fees applicable to municipal, county, state, or federal employees.
Referred to the Committee on Judiciary.

HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system.
Referred to the Committee on Retirement.

HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd, Cummings of the 27th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retire ment benefits based upon any increase received by active judge.
Referred to the Committee on Retirement.

HB 635. By Representative Twiggs of the 8th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Anno tated, relating to general provisions relative to game and fish, so as to pro vide that it shall be lawful for certain handicapped persons to operate all-terrain vehicles in wildlife management areas under certain circumstances.
Referred to the Committee on Game, Fish & Parks.

520

JOURNAL OF THE HOUSE,

HB 636. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and Lee of the 94th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date for the commission's annual report; to change the date of the commission's abolition.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 638. By Representative Bannister of the 77th:
A bill to amend Code Section 16-12-170 of the Official Code of Georgia Annotated, relating to definitions regarding prohibited sales, distribution, or possession by minors of cigarettes and tobacco related objects, so as to change the definition of the term "minor" for purposes of such prohibitions.
Referred to the Committee on Special Judiciary.

HB 639. By Representatives Bannister of the 77th, Williams of the 114th, Ehrhart of the 36th, Culbreth of the 132nd, Brown of the 117th and others:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions relative to group workers' compensation self-in surance funds, so as to change the definitions of certain terms.
Referred to the Committee on Industrial Relations.

HB 640. By Representatives Bannister of the 77th, Ehrhart of the 36th, Lane of the 146th, Lord of the 121st, Towery of the 30th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to exempt sales of motor vehicles by certain persons to a member of such person's immediate family; and by a closely held corporation to an officer of the cor poration or a member of the officer's immediate family.
Referred to the Committee on Ways & Means.

HB 641. By Representatives Coleman of the 142nd, Lord of the 121st and Bargeron of the 120th:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Anno tated, relating to registration of dealers and cemeteries, so as to provide that any nonperpetual care cemetery which is historical and is operated for non profit purposes shall be exempt from registration; to provide an exception.
Referred to the Committee on State Planning & Community Affairs.

HB 642. By Representative Randall of the 127th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Anno tated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indi cating the amount needed for support.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 10, 1993

521

HB 643. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts from which the commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 644. By Representatives Felton of the 43rd, Mann of the 5th, Stancil of the 16th, Smith of the 174th, Lawrence of the 64th and others:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Anno tated, relating to the filing of financial disclosure statements by public offi cers, so as to change the form and content of the financial disclosure statement.
Referred to the Committee on Rules.

HB 645. By Representatives Johnson of the 153rd, Smith of the 175th, Campbell of the 42nd, Smith of the 174th, Dixon of the 150th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that no driver's license or instruction permit shall be issued to a person under the age of 18 years unless that person is enrolled in school or has been awarded a high school diploma or its equivalent.
Referred to the Committee on Motor Vehicles.

HB 646. By Representatives Evans of the 28th, Lewis of the 14th, Moore of the 113th, Roberts of the 162nd, Lakly of the 105th and others:
A bill to amend Code Section 28-5-4 of the Official Code of Georgia Anno tated, relating to consideration of the general appropriations bill, so as to provide that any conference committee report on the general appropriations bill must be placed on members' desk 48 hours before such bill may be con sidered.
Referred to the Committee on Appropriations.

HB 647. By Representative Powell of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the suspension of the driver's license of any per son under age 21 who is convicted of possession of alcoholic beverages while operating a motor vehicle.
Referred to the Committee on Motor Vehicles.

HB 648. By Representative Lord of the 121st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance rates, underwriting rules, and rating organiza tions, so as to revise provisions relative to premium discounts for drivers meeting certain requirements and completing certain courses.
Referred to the Committee on Insurance.

522

JOURNAL OF THE HOUSE,

HB 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Anno tated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home.
Referred to the Committee on Human Relations & Aging.

HB 650. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, so as to change the provisions relating to definitions.
Referred to the Committee on Human Relations & Aging.

HR 193. By Representatives Bannister of the 77th, Johnston of the 81st, Lakly of the 105th, Coleman of the 80th, Breedlove of the 85th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 194. By Representatives Lakly of the 105th, Smith of the 102nd, Roberts of the 162nd, Dickinson of the 83rd, Dix of the 76th and others:
A resolution proposing an amendment to the Constitution so as to limit the number of general bills which may be introduced by each member of the General Assembly during each term of office.
Referred to the Committee on Rules.

HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.
Referred to the Committee on Rules.

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

HB 585 HB 586 HB 587 HB 588 HB 589 HB 590 rHnHitiBBsj 55t5>999y123z
HB 594
HB 595
HB 596
HB 597
HB 598

HB 599 HB 600 HB 601 HB 602 HB 603 HB 604 HUHWDBRB 6CfbiAo0f.Cb5-
HB 607
HB 608
HB 609
HB 610
HB 611

WEDNESDAY, FEBRUARY 10, 1993

523

HB 612 HB 613 HB 614 HB 615 HB 634 HB 637 HR 180 HR 182 SB 24 SB 25 SB 38 SB 61 SB 85

SB 89 SB 90 SB 91 SB 93 SR 6 SR 37 SR 68 SR 69 SR 115 SR 118 SR 119 SR 121 SR 122

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 597 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 383 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 550 Do Pass HB 583 Do Pass HR 177 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

524

JOURNAL OF THE HOUSE,

Representative Buck of the 135th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 463 Do Pass HB 522 Do Pass HR 126 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HB 550. By Representative Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Alma, so as to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council 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 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 583. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to amend an Act providing for the composition of the Board of Educa tion of Coweta County, so as to reapportion the education 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 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 177. By Representatives Coker of the 31st, Towery of the 30th, Atkins of the 29th, Klein of the 39th, Clark of the 40th and others:
A resolution urging the boards, commissions, and authorities of Cobb County to take certain actions.

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 96, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 10, 1993

525

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 151. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," as amended, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three con secutive terms of four years; to provide for applicability.

SB 152. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton ad valo rem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

SB 153. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton Inde pendent School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain resi dents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro vide for applicability; to provide for a referendum, effective dates, and auto matic repeal.

HB 364. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.

HB 365. By Representatives Royal of the 164th and Greene of the 158th:
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 388. By Representatives Sherrill of the 62nd, Davis of the 60th, Teper of the 61st, Henson of the 65th, Turnquest of the 73rd and others:
A bill to amend an Act creating a new charter for the City of Chamblee, so as to alter powers of the mayor and council; to create the office of city man ager and provide for the appointment, removal, compensation, and duties of the city manager; to provide for the appointment and removal of the offices of marshall, city clerk, and director of public works.

HB 399. By Representatives Smith of the 169th and Mosley of the 171st: A bill to provide a new charter for the City of Blackshear.

526

JOURNAL OF THE HOUSE,

HB 412. By Representatives Polak of the 67th, McClinton of the 68th, Mobley of the 69th, Hegstrom of the 66th, Baker of the 70th and others:
A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to change the composition of election districts from which city commissioners are elected; to reconstitute the Board of Education of the City of Decatur and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provi-

SB 27. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for the administrative sus pension of a driver's license for a first offense of driving under the influence; to provide for penalties.
SB 28. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condi tion of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
SB 32. By Senator Alien of the 2nd:
A bill to amend Code Section 9-2-60 of the Official Code of Georgia Anno tated, relating to dismissal of civil actions for want of prosecution, so as to provide that the period of automatic dismissal for want of prosecution shall be lowered from five to three years.
SB 33. By Senator Alien of the 2nd:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Anno tated, relating to time of motion for new trial in general, so as to provide that where the grounds of the motion for a new trial require consideration of the transcript of evidence or proceedings, the court shall grant an exten sion of time not to exceed 120 days.
SB 52. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the llth and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the penalties for operating without a commercial driver's license.
SB 63. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.

WEDNESDAY, FEBRUARY 10, 1993

527

SB 72. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for man datory education for children; to change certain provisions relating to exemp tions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy pro grams.

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

SB 27. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for the administrative sus pension of a driver's license for a first offense of driving under the influence; to provide for penalties.
Referred to the Committee on Judiciary.

SB 28. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condi tion of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
Referred to the Committee on Motor Vehicles.

SB 32. By Senator Alien of the 2nd:
A bill to amend Code Section 9-2-60 of the Official Code of Georgia Anno tated, relating to dismissal of civil actions for want of prosecution, so as to provide that the period of automatic dismissal for want of prosecution shall be lowered from five to three years.
Referred to the Committee on Special Judiciary.

SB 33. By Senator Alien of the 2nd:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Anno tated, relating to time of motion for new trial in general, so as to provide that where the grounds of the motion for a new trial require consideration of the transcript of evidence or proceedings, the court shall grant an exten sion of time not to exceed 120 days.
Referred to the Committee on Special Judiciary.

SB 52. By Senators Taylor of the 12th, Bowen of the 13th, Ragan of the llth and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the penalties for operating without a commercial driver's license.
Referred to the Committee on Motor Vehicles.

528

JOURNAL OF THE HOUSE,

SB 63. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the parties in certain domestic relations actions shall be required to complete a seminar for parents where the interests of children under 18 years of age are involved; to provide for contempt sanctions if a party fails to complete successfully the seminar.
Referred to the Committee on Special Judiciary.

SB 72. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for man datory education for children; to change certain provisions relating to exemp tions with respect to such mandatory education; to change certain provisions relating to the establishment, management, and control of adult literacy pro grams.
Referred to the Committee on Education.

SB 151. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," as amended, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three con secutive terms of four years; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 152. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton ad valo rem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 153. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton Indepen dent School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and condi tions of the exemption and the procedures relating thereto; to provide for ap plicability; to provide for a referendum, effective dates, and automatic repeal.

Referred to the Committee on State Planning & Community Affairs - Local.

Representative Lee of the 94th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

WEDNESDAY, FEBRUARY 10, 1993

529

HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T Y Brown YBuck Y Buckner Y Bunn N Burkhalter YByrd N Campbell
Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Coleman.B Coleman,T

Colwell Y Connell NCox Y Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M N Dickinson NDix Y Dixon.H
Y Dixon,S Dobbs
Y Dover N Ehrhart
YEpps N Evans
Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner
Harris,B N Harris.M
YHart Y Heard Y Hegstrom
Hembree Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins Johnson,D.H Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D
Lane.R Y Lawrence N Lawson
YLee Y Lewis
YLord Lucas
Y Maddox N Mann Y Martin YMcBee Y McClinton
McKinney.B YMilam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley
Mueller Oliver Y O'Neal Orrock
Y Padgett YParham
Parrish Y Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak
Porter Poston Y Powell Y Purcell Y Randall Y Randolph
YRay Reaves
N Reichert Roberts
Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis
Skipper

Y Smith.C Y Smith,L Y Smith,P
Smith.T Y Smith,V
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Y Walker Wall
Y Watson
Y Watts Y Westmoreland Y White
Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 131, nays 15. The motion prevailed.

Representatives Henson of the 65th and Poston of the 3rd 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, the following Bill of the House was withdrawn from the Com mittee on the University System of Georgia and referred to the Committee on Judiciary.

HB 417. By Representatives Skandalakis of the 45th, Campbell of the 42nd and Burkhalter of the 41st:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, so as to provide that funds, benefits, or loans used by a student enrolled in a college or university for tuition, food, clothing, or room and board shall be exempt from the process of garnishment.

530

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 substituting the same:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 121 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 on the part of the House the following members:
Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 198. By Representatives Atkins of the 29th, Coker of the 31st, Vaughan of the 34th, Klein of the 39th, Shipp of the 38th and others:
A resolution commending Jett Williams and inviting her to appear before the House of Representatives.

HR 199. By Representatives Groover of the 125th, Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others:
A resolution commending the mayor and council of the City of Macon, the members of the Bibb County board of commissioners, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 200. By Representatives Tillman of the 173rd and Smith of the 174th: A resolution commending Chester DeVillars and Selena Champion DeVillars.

HR 201. By Representatives Thomas of the 100th and Simpson of the 101st:
A resolution commending and recognizing Mr. Lazelle Ivey for his heroic efforts.

HR 202. By Representatives Tillman of the 173rd and Smith of the 174th: A resolution commending Roy and Anne Hodnett.

HR 203. By Representative Tillman of the 173rd: A resolution commending Dr. and Mrs. Conway Hunter, Jr.

WEDNESDAY, FEBRUARY 10, 1993

531

HR 204. By Representative Stancil of the 91st: A resolution commending Blane Marable.

HR 205. By Representative Stancil of the 91st:
A resolution commending William Henry Breedlove and congratulating him on the occasion of his 80th birthday.

HR 206. By Representative Poston of the 3rd: A resolution commending Graysville Elementary School.

HR 207. By Representatives Bailey of the 93rd and Benefield of the 96th:
A resolution commending Mr. and Mrs. John Jay Powell on the occasion of their fiftieth anniversary.

HR 208. By Representatives Atkins of the 29th, Vaughan of the 34th, Ehrhart of the 36th, Klein of the 39th, Coker of the 31st and others:
A resolution commending Thomas Nelson Mathis Sr.

HR 209. By Representatives Atkins of the 29th, Parrish of the 144th, Parham of the 122nd, Williams of the 114th, Vaughan of the 34th and others:
A resolution commending the students of the Mercer University Southern School of Pharmacy.

HR 210. By Representatives Byrd of the 170th, Golden of the 177th, Sherrill of the 62nd, Bates of the 179th and O'Neal of the 75th:
A resolution commending Lenita Katherine Thompson.

HR 211. By Representative Floyd of the 138th:
A resolution declaring Harness Racing Week in Georgia and recognizing the Hawkinsville Harness Festival.

HR 213. By Representatives Hegstrom of the 66th, Titus of the 180th, Mobley of the 69th, Polak of the 67th, Turnquest of the 73rd and others:
A resolution commending the Scottdale Youth Athletic Association, Inc., for outstanding service to the community.

Under the general order of business, the following Bills of the House were again taken up for consideration:

HB 189. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to special primaries or special elections to fill vacancies in public office.

The following Committee substitute was read:

532

JOURNAL OF THE HOUSE,

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elec tions on specified dates shall apply to certain special primaries or special elections to fill vacancies in public office; to provide for interim appointments under certain circum stances; 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 (2) of subsection (c) of Code Section 21-2-540, relating to special elections, and inserting in its place new paragraphs (2) and (3) to read as fol lows:
"(2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of
1989'; or (B) Special primaries or special elections to fill vacancies in public offices except
as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elec tions to fill vacancies in elected county offices. Unless otherwise provided by law, when a vacancy occurs before the next date upon which a special election may be held under this subsection, the judge of the probate court of the county in which the vacancy occurs shall appoint a successor to fill that vacancy until it is filled for the remaining unexpired term by a person elected at such special election."
Section 2. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-3-52, relating to special municipal elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of
1989'; or (B) Special primaries or special elections to fill vacancies in public offices except
as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elec tions to fill vacancies in municipal elected offices. Unless otherwise provided by law, when a vacancy occurs before the next date upon which a special election may be held under this subsection, the chief judge of the superior court of the county in which the vacancy occurs shall appoint a successor to fill that vacancy until it is filled for the remaining unexpired term by a person elected at such special election."
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 31st, Harris of the 112th and Jenkins of the 110th move to amend the Committee substitute to HB 189 as follows:
Page 1 line 27 after provided by insert:
general or local.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HB 189 as follows:
By adding a new Section 2A to read:

WEDNESDAY, FEBRUARY 10, 1993

533

"The provisions of this Act shall apply only to those cases in which the vacancy is required to be filled by election by general or local law."

The following amendment was read:

Representatives Cauthorn of the 35th and Holmes of the 53rd move to amend the Committee substitute to HB 189 as follows:
By striking "judge of the probate court" where it appears on page 2, line 2 and insert in lieu thereof "Chief Judge of the Superior Court".

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

N Ashe N Atkins
Y Bailey Y Baker
Bannister N Barfoot N Bargeron
Y Barnes N Bates Y Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks,D Y Brooks.T Y Brown YBuck N Buckner N Bunn N Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn
Chambless Y Chandler N Channel! Y Childers N Clark
N Coker Coleman.B Coleman.T

Y Colwell
Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings
Davis.G N Davis.M N Dickinson NDix N Dixon.H Y Dixon.S
Dobbs Y Dover N Ehrhart N Epps N Evans N Felton
Floyd.J.M N Floyd.J.W
Godbee Golden Y Goodwin Y Greene Y Groover Y Hammond Hanner N Harris.B N Harris.M
YHart N Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard N Hudson N Hughes Y Hugley Y James N Jamieson Y Jenkins
Johnson,D.H Y Johnson.E N Johnson.G N Johnson,J N Johnston Y Jones
N Joyce NKaye N Kinnamon N Klein NLadd N Lakly Y Lane,D Y Lane.R N Lawrence N Lawson YLee N Lewis
Lord Lucas N Maddox N Mann Y Martin N McBee N McClinton McKinney.B NMilam N Mills

Y Mobley.B N Mobley,J N Moore N Mosley N Mueller
Oliver N O'Neal
Orrock Y Padgett N Parham
Parrish Y Patten Y Pelote Y Perry N Pinholster NPoag Y Polak N Porter N Poston N Powell Y Purcell Y Randall Y Randolph
YRay Y Reaves
N Reichert Roberts Royal
N Scoggins Shanahan
Y Sherrill N Shipp
Simpson Y Sinkfield N Skandalakis N Skipper

N Smith.C Y Smith,L N Smith.P N Smith.T N Smith.V N Smith, W YSmyre NSnow Y Stancil.F N Stancit.S Y Stanley.L
Stanley,? N Stephenson
Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman N Titus N Towery N Trense Y Turnquest
Y Twiggs N Vaughan Y Walker N Wall Y Watson Y Watts N Westmorland Y White N Williams,B N Williams,R
N Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 71, nays 84. The amendment was lost.

Representative Holmes of the 53rd moved that the House reconsider its action in fail ing to adopt the Cauthorn amendment.

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

N Ashe N Atkins Y Bailey Y Baker N Bannister
N Barfoot N Bargeron

Y Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove

N Brooks,U Y Brooks.T Y Brown YBuck N Buckner N Bunn N Burkhalter

YByrd N Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn

Chambless
Y Chandler N Channel!
Y Childera N Clark N Coker N Coleman,B

534

JOURNAL OF THE HOUSE,

Coleman.T Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth
Y Cummings Y Davis,G N Davis,M N Dickinson NDix Y Dixon.H Y Dixon,S
Dobbs Y Dover N Ehrhart NEpps N Evans N Felton
Floyd,J.M Y Floyd,J.W
Godbee Golden Y Goodwin
Y Greene Y Groover Y Hammond
Hanner

N Harris.B N Harris.M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E N Johnson,G N Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly N Lane,D

YLane.R N Lawrence N Lawson YLee N Lewis
Lord Lucas N Maddox NMann Y Martin N McBee Y McClinton McKinney,B N Milam N Mills Y Mobley,B N Mobley,J N Moore N Mosley Y Mueller Oliver N O'Neal
Orrock Y Padgett N Parham Y Parrish Y Patten Y Pelote Y Perry

On the motion, the ayes were 87, nays 75. The motion prevailed.

N Pinholster
NPoag Y Polak N Porter
YPoston N Powell Y Purcell
Y Randall Y Randolph YRay Y Reaves
Y Reichert Y Roberts Y Royal N Scoggins
Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper N Smith.C Y Smith,L N Smith,? N Smith.T N Smith.V N Smith.W YSmyre

N Snow Y Stancil.F N Stancil.S Y Stanley,L
Stanley,? Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman N Titus N Towery N Trense Y Turnquest N Twiggs N Vaughan Y Walker N Wall
Y Watson Y Watts N Westmorland Y White N Williams,B N Williams,R N Yates
Yeargin
Murphy,Spkr

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

N Ashe N Atkins Y Bailey Y Baker N Bannister
N Barfoot Y Bargeron
Y Barnes N Bates Y Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck N Buckner Y Bunn N Burkhalter NByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler N Channel! Y Childers N Clark N Coker Y Coleman,B N Coleman,T

Colwell Y Connell YCox Y Crawford N Crews Y Culbreth
Cummings Y Davis.G Y Davis.M Y Dickinson NDix Y Dixon,H
Y Dixon.S Dobbs
Y Dover N Ehrhart
YEpps N Evans N Felton Y Floyd,J.M Y Floyd,J.W
Godbee Golden Y Goodwin Y Greene Y Groover Y Hammond Hanner N Harris,B N Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson
N Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E N Johnson.G N Johnson,J Y Johnston
N Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly Y Lane.D Y Lane.R N Lawrence N Lawson
YLee N Lewis YLord
Lucas N Maddox
N Mann Y Martin
Y McBee Y McClinton
McKinney,B
N Milam N Mills

On the motion, the ayes were 94, nays 67.

Y Mobley.B Y Mobley,J N Moore N Mosley N Mueller
Oliver N O'Neal
Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote Y Perry N Pinholster NPoag Y Polak N Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph NRay Y Reaves N Reichert
Roberts Y Royal
Y Scoggins
Shanahan Y Sherrill N Shipp N Simpson Y Sinkfield N Skandalakis Y Skipper

N Smith.C Y Smith,L N Smith,P N Smith,T N Smith.V N Smith.W
Y Smyre Snow
Y Stancil,F N StanciLS Y Stanley,L
Stanley,? Y Stephenson
Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan Y Walker N Wall N Watson Y Watts N Westmoretand Y White N Williams,B N Williams.R N Yates Y Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 10, 1993

535

The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

N Ashe N Atkins Y Bailey Y Baker N Bannister N Barfoot Y Bargeron
Y Barnes N Bates Y Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T Y Brown YBuck N Buckner N Bunn N Burkhalter NByrd N Campbell
Canty N Carlisle N Carrell Y Carter Y Cauthorn N Chambless Y Chandler N Channel! Y Childers N Clark N Coker N Coleman.B N Coleman.T

Colwell Y Connell YCox N Crawford N Crews Y Culbreth
Y Cummings Y Davis.G N Davis.M Y Dickinson NDix Y DUon,H Y Diion,S
Dobbs Y Dover
N Ehrhart YEpps N Evans N Felton
Floyd,J.M Y Floyd,J.W
Godbee Golden YGoodwin Y Greene Y Groover Y Hammond Hanner N Harris,B N Harris,M
YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes Y Howard N Hudson N Hughes
Y Hugley Y James N Jamieson N Jenkins Y Johnson.D.H Y Johnson.E
N Johnson.G N Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein
NLadd NLakly
Y Lane,D Y Lane,R N Lawrence N Lawson
NLee N Lewis
NLord Lucas
N Maddox N Mann Y Martin
Y McBee Y McClinton
McKinney.B NMilam N Mills

Y Mobley,B Y Mobley,J N Moore N Mosley N Mueller
Oliver Y O'Neal
Orrock
Y Padgett NParham N Parrish
Y Patten Y Pelote N Perry N Pinholster NPoag Y Polak N Porter YPoston Y Powell Y Purcell YRandall Y Randolph
NRay Y Reaves N Reichert Y Roberts Y Royal N Scoggins
Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

N Smith.C N Smith.L N Smith.P N Smith.T N Smith,V N Smith,W YSmyre YSnow
Y Stancil,F N Stancil,S Y Stanley,L
Stanley,? Y Stephenson N Street Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan Y Walker N Wall N Watson Y Watts N Westmorland Y White N Williams.B N Williams.R N Yates N Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 80, nays 85. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Holmes of the 53rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority
to HB 189.

The Speaker Pro Tem assumed the Chair.

HB 295. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Hembree of the 98th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.

The following amendment was read and adopted:

536

JOURNAL OF THE HOUSE,

Representatives Holmes of the 53rd and Cauthorn of the 35th move to amend HB 295 as follows:
Add on p. 6 line 27 after the word card the following words "or a temporary out of county address" and delete period after word card.
Delete period on p. 12, line 30 after the word card and add the following: "or temporary address outside of the municipality".
The following amendments were read and withdrawn:
Representative Holmes of the 53rd moves to amend HB 295 as follows: Adding on p. 6, line 185, the words: "or temporary out of county".
Representative Holmes of the 53rd moves to amend HB 295 as follows: Adding on p. 12, line 361, "or temporary address outside of the municipality".
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks.D
Brooks.T Y Brown YBuck Y Buckner Y Bunn N Burkhalter YByrd
Campbell Canty Y Carlisle Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon,S
Dobbs Y Dover
N Ehrhart YEpps N Evans
Felton Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M YHart Heard Y Hegstrom
Y Hembree Y Henson
Y Holland

Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane.D
Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddoi YMann Y Martin YMcBee Y McClinton
McKinney,B
Milam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter YPoston
Powell Y Purcell YRandall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis
Skipper

Y Smith,C Y Smith,L
Y Smithf Y Smith,T Y Smith,V
Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,P Y Stephenson
Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 144, nays 11.
The Bill, having received the requisite constitutional majority, was passed, amended.

WEDNESDAY, FEBRUARY 10, 1993

537

Representative Powell of the 23rd 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, the following Bills of the House were taken up for consideration and read the third time:

HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
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 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 Ashe N Atkins N Bailey Y Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield
Birdsong Bordeaux N Bostick Y Breedlove N Brooks,D Brooks.T Y Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell Canty Y Carlisle N Carrell Y Carter Y Cauthorn Chambless Y Chandler N Channel! Y Childers N Clark N Coker Y Coleman.B
Coleman.T

Colwell
Connell NCox N Crawford Y Crews Y Culbreth N Cummings Y Davis.G Y Davis.M Y Dickinson YDix N Dixon.H
Diion,S Dobbs Y Dover N Ehrhart Epps Y Evans Y Felton Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
N Hudson N Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson^! Y Johnston N Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane.D NLane.R Y Lawrence Y Lawson NLee N Lewis NLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinneyJB
Milam Y Mills

Y Mobley,B N Mobley,J N Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett YParham N Parrish N Patten Y Pelote N Perry Y Pinholster
Poag YPolak Y Porter
Poston N Powell Y Purcell YRandall Y Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skandalakis N Skipper

Y Smith.C N Smith,L Y Smith,P
Smith.T Y Smith,V Y Smith,W YSmyre YSnow N Stancil.F Y Stancil.S
Stanley.L Stanley,? N Stephenson N Streat Y Taylor
Y Teague YTeper
Y Thomas,C YTiUman Y Titus N Towery Y Trense Y Turnquest N Twiggs N Vaughan
Walker Y Wall N Watson
Y Watts N Westmorland Y White Y Williams.B N Williams.R
Y Yates N Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 96, nays 62. The Bill, having received the requisite constitutional majority, was passed.

Representative Dixon of the 150th 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 Groover of the 125th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 298.

538

JOURNAL OF THE HOUSE,

HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Anno tated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Dickinson YDix Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney,B Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pinholster YPoag YPolak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson Y Streat Y Taylor YTeague
Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Perry of the llth and Poston of the 3rd 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 321. By Representative Randall of the 127th:
A bill to amend Code Section 40-11-15 of the Official Code of Georgia Anno tated, relating to lien foreclosure procedure on abandoned motor vehicles, so as to raise the amount of the filing fee for the affidavit required under this Code section.

The following amendment was read and adopted:

WEDNESDAY, FEBRUARY 10, 1993

539

Representatives Lawrence of the 64th and Randall of the 127th move to amend HB 321 as follows:
By changing line 7, page 2 to read as follows:
"fee for filing such affidavit, or the discretion of the jurisdiction, shall be up to $25.00...".

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y CarreU Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix N Dixon.H Y Dixon,S
Dobbs Dover Y Ehrhart YEpps Y Evans Y Felton Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Hammond Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins
Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane.D N Lane,R Y Lawrence N Lawson
YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney.B
Milam N Mills

Y Mobley.B Mobley,J
Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote
Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague YTeper Y Thomas,C Y Tillman
Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 158, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bunn of the 74th, Mobley of the 86th and Perry of the llth 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 Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

540

JOURNAL OF THE HOUSE,

HB 232 Do Pass, by Substitute HB 352 Do Pass HB 353 Do Pass SB 87 Do Pass HR 49 Do Pass HR 121 Do Pass

HR 122 Do Pass HR 123 Do Pass HR 125 Do Pass HR 167 Do Pass SR 64 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman

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

HB 324. By Representative Randall of the 127th:
A bill to amend Code Section 43-47-2 of the Official Code of Georgia Anno tated, relating to definitions relating to the licensing of used car dealers, so as to provide that pawnbrokers shall not be considered used motor vehicle dealers or used car dealers.

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

N Ashe N Atkins N Bailey Y Baker N Bannister N Barfoot Y Bargeron N Barnes N Bates
Y Benefield Birdsong
N Bordeaux
Bostick N Breedlove
N Brooks.D Y Brooks.T Y Brown NBuck
Y Buckner NBunn N Burkhalter NByrd
N Campbell Canty
Y Carlisle
N Carrell N Carter
N Cauthorn Chambless
N Chandler
Channell N Childers Y Clark N Coker N Coleman.B
Coleman.T

N Colwell Connell
YCox N Crawford N Crews
Culbreth Y Cummings N Davis.G N Davis.M N Dickinson NDix N Dixon,H N Dixon,S
Dobbs Y Dover Y Ehrhart YEpps
Evans N Felton N Floyd,J.M Y Floyd,J.W N Godbee N Golden N Goodwin N Greene
Groover Hammond N Hanner N Harris.B N Harris.M NHart Y Heard Y Hegstrom N Hembree N Henson Y Holland

N Holmes N Howard
N Hudson N Hughes N Hugley
Y James Y Jamieson Y Jenkins N Johnson.D.H
Johnson,E N Johnson.G
N Johnson,J N Johnston Y Jones Y Joyce NKaye N Kinnamon N Klein NLadd YLakly N Lane.D Y Lane,R N Lawrence N Lawson NLee Y Lewis NLord Y Lucas N Maddox NMann Y Martin N McBee N McClinton N McKinney,B Y Milam N Mills

Y Mobley.B Y Mobley,J
Moore N Mosley Y Mueller
Oliver Y O'Neal Y Orrock N Padgett YParham N Parrish Y Patten N Pelote N Perry N Pinholster NPoag Y Polak
Porter Y Postal N Powell Y Purcell Y Randall N Randolph YRay Y Reaves Y Reichert N Roberts
Royal Scoggins N Shanahan N Sherrill N Shipp
Y Simpson Sinkfield
N Skandalakis N Skipper

N Smith.C N Smith.L N Smith,? N Smith.T N Smith,V N Smith,W
Smyre YSnow
N Stancil,F N Stancil,S N Stanley,L
Stanley,? N Stephenson
S treat N Taylor
Y Teague YTeper N Thomas,C N Tillman Y Titus N Towery N Trense Y Turnquest NTwiggs N Vaughan
Walker Y Wall
Watson N Watts N Westmorland N White N Williams.B N Williams.R N Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 50, nays 105. The Bill, having failed to receive the requisite constitutional majority, was lost.

WEDNESDAY, FEBRUARY 10, 1993

541

Representative Hammond of the 32nd 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 Randall of the 127th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 324.

HB 325. By Representative Randall of the 127th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to necessity for commitment where bail has been tendered and accepted; to provide for a right to a commitment hearing and the waiver 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:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Bargeron
Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter N Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman,B Y Coleman.T

Y Colwell Connell
NCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M Y Dickinson YDix Y Dixon,H Y Dixon,S
Dobbs Y Dover Y Ehrhart YEpps
Evans Y Felton Y Floyd,J.M Y FloydJ.W
YGodbee Y Golden
Y Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris,B
Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D Y Lane.R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas
Maddox YMann Y Martin YMcBee
McClinton Y McKinney,B
Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver YO'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag
Polak Y Porter Y Poston Y Powell Y Purcell Y Randall
Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y SherrUl Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

On the passage of the Bill, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was

Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson
Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

HR 16. By Representatives Davis of the 48th, McKinney of the 51st, Brooks of the 54th, Burkhalter of the 41st and Stanley of the 50th:
A resolution creating the Joint Regionalization of Grady Memorial Hospital Study Committee.

542

JOURNAL OF THE HOUSE,

The following Committee substitute was read and withdrawn:

A RESOLUTION
Creating the Joint Regionalization of Grady Memorial Hospital Study Committee; and for other purposes.
WHEREAS, Grady Memorial Hospital provides health care services to residents of the entire state of Georgia; and
WHEREAS, Grady Memorial Hospital is experiencing severe financial distress due in large part to the fact that the hospital does not receive the appropriate recognition and financial support of its status as a regional health care provider; and
WHEREAS, only a small proportion of the patients of Grady Memorial Hospital are paying patients, which has unfairly imposed the increasingly high costs of funding the hos pital on the taxpayers of Fulton and DeKalb counties alone; and
WHEREAS, there is a critical need to investigate the financial plight of Grady Memo rial Hospital to determine whether additional counties should share in the funding of the hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Regionalization of Grady Memorial Hospital Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as co-chairs of the committee. The committee shall meet at the call of the co-chairs.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with sug gestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The committee shall stand abolished on December 1, 1993.

The following substitute, offered by Representatives Davis of the 48th and Stanley of the 50th, was read and adopted:

A RESOLUTION
Creating the Joint Regional Hospital Study Committee; and for other purposes.
WHEREAS, Grady Memorial Hospital and other public and certain teaching hospitals in various locations throughout the state provide health care services on a regional basis to residents of the State of Georgia; and
WHEREAS, Grady Memorial Hospital and other public and certain teaching hospitals are experiencing severe financial distress due in large part to the fact that they do not receive the appropriate recognition and financial support of their status as regional health care providers; and

WEDNESDAY, FEBRUARY 10, 1993

543

WHEREAS, much of the burden of caring for the medically needy in Georgia falls disproportionately on hospitals of such public nature or of a specialized role that enables them to provide health care beyond the immediate area in which they are located, thereby potentially giving such hospitals a regional role and responsibility; and
WHEREAS, the State of Georgia should study the need and desirability of establish ing and maintaining a regional hospital system to help assure all citizens, especially the elderly, the uninsured, and the indigent, access to adequate health care, and such study should encompass methods of supporting a regional hospital system, including direct state support and new funding sources; criteria for local responsibility; regional funding initiatives, such as drug treatment, specialized care, and capital payments; increased Medicaid disproportionate share adjustment payments; and other alternative funding methods.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Regional Hospital Study Committee to be com posed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as co-chairs of the committee. The committee shall meet at the call of the co-chairs.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 5 days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with sug gestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The committee shall stand abolished on December 1, 1993.

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

Y Ashe N Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd

Y Campbell Canty Carlisle
Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell
Childers Y Clark N Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews
Culbreth Y Cummings Y Davis.G

N Davis.M
Y Dickinson YDix
Dixon.H Y Dixon.S
Dobbs Y Dover N Ehrhart YEpps
Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M

YHart Y Heard
Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce YKaye

Y Kinnamon Y Klein
YLadd N Lakly Y Lane.D N Lane,R
Y Lawrence Y Lawson YLee N Lewis YLord Y Lucas Y Maddox N Mann Y Martin
Y McBee McClinton McKinney.B
Y Milam Y Mills Y Mobley.B Y Mobley,J

544

JOURNAL OF THE HOUSE,

Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag

Polak Y Porter
Poston Y Powell Y Purcell Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan

Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skandalakis Y Skipper Y Smith,C
Smith,L Y Smith,P Y Smith,T
Smith.V Y Smith,W YSmyre YSnow

Y Stancil,F Y Stancil,S Y Stanley,L
Stanley.P Y Stephenson Y Streat Y Taylor YTeague N Teper Y Thomas,C Y Tillman Y Titus
Towery Y Trense

Y Turnquest Twiggs
Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B
Williams.R N Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 147, nays 11.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th and Smith of the 102nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Williams of the 114th 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 Davis of the 60th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 72. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Anno tated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Anno tated, relating to judgment liens, is amended by striking in its entirety Code Section 9-12-93, relating to when purchased property is discharged from a lien, and inserting in lieu thereof the following:
"9-12-93. When any person has bona fide and for a valuable consideration purchased real or personal property and has been in the possession of the real property for four

WEDNESDAY, FEBRUARY 10, 1993

545

years or of the personal property for two years, such property shall be discharged from the lien of any judgment against the person from whom it was purchased or against any predecessor in title of real or personal property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Holland of the 157th and Groover of the 125th move to amend the Committee substitute to HB 72 as follows:
On page 1, line 21, following the period and before the quotation mark add:
Nothing contained herein shall be construed to otherwise affect the validity or enforceability of such judgment, except to discharge such property from any such lien of judgment.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childere Y Clark Y Coker Y Coleman,B Y Coleman,T

Y Colwell
Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis.G Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon.S Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson^! Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Postal Y Powell YPurcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith.V Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L
Stanley,P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Tumquest YTwiggs Y Vaughan Y Walker Y Wall
Watson Watts Y Westmoreland Y White Y WilliamB,B Y Williams,R Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

546

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments.

The following Committee substitute was read and adopted:

A BILL
To amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments and local authorities; to authorize the Department of Defense and other state agencies to compete, and contract with the United States, for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission pro ceedings of the United States; to provide for the provision of services by local governments and local authorities for defense purposes; to provide for exercise of the power of eminent domain; to provide similar, additional, and related powers in the Department of Defense of the State of Georgia and other state agencies and instrumentalities; to provide for state ments of circumstance and public purpose; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, is amended by striking Code Section 38-2-177, relating to the power of counties and municipal corpo rations to make property available to the state and federal governments for purposes of state and national defense, and inserting in its place a new Code section to read as follows:
"38-2-177. (a) The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, the counties and municipal corporations of the state, and public authorities with respect to the national, state, and local defense. In particular, such benefit will result from competing and con tracting for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission pro ceedings of the United States. Such benefits will include enhanced performance of defense functions, increased job opportunities, increased opportunity for job training and creating a skilled work force, enhanced economic activity, and increased governmental revenues. Pursuant to that finding and declaration, it is further declared to be a signifi cant and important public purpose for the state and local governments to enter into such competition and agreements on such terms and conditions as they may determine in accord with the following:
(1) The Department of Defense is authorized to acquire, by purchase, gift, con demnation, or otherwise, construct, establish, operate, maintain, repair, and replace a finance and accounting facility for defense purposes;
(2) In connection therewith, with the approval of the Governor, the Department of Defense may compete and contract for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic

WEDNESDAY, FEBRUARY 10, 1993

547

Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States;
(3) In connection therewith, the department may enter into contracts with the United States, not exceeding 50 years in term, by which the state agrees to make ser vices and facilities available to the United States for purposes of the national defense, or by which the United States makes services and facilities available to the state or its authorities for purposes of the state or national defense; and
(4) In connection therewith, any other state agency or instrumentality shall be authorized to participate with the department or separately for the purpose of provid ing or receiving services or facilities consistent with its public functions, (b) In consideration of the mutual public purposes and pursuant to intergovernmen tal contract, the fee governing authorities of the countiesz and municipal corporationSj and local authorities of the state are authorized to make appropriations from the funds of such counties^ ad municipal corporations! and local authorities and are authorized to lease, lend, sell, grant, or donate services and property, both real and personal, of the counties and municipal corporations to the state and the federal government for pur poses of local, state, and national defense and for the use of the organized militia. For such purposes they may exercise the power of eminent domain. Any donation of real property to the state by a county2 er municipal corporation, or local authority, with a provision in such a gift that the property shall be used for military purposes and should the property not be used for military purposes the same shall revert to the donor, shall be a valid gift; and if the property can be used by the state for military purposes it ahaS may be accepted by the Governor with such conditions and reverter, but the Governor may require the conveyance of a full fee and that likewise shall be a valid conveyance. When so accepted it shall be lawful to expend funds appropriated or otherwise autho rized, including proceeds of general obligation debt, for the support of the militia to improve the property with an armory or other military facilities."
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T Y Brown YBuck Y Buckner YBunn N Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y CoIeman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G N Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
Dobbs Y Dover
Y Ehrhart

YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James

Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein YLadd Y Lakly YLaneJJ Y Lane.R Y Lawrence Y Lawson YLee N Lewis YLord Y Lucas N Maddox
YMann Y Martin YMcBee

Y McClinton Y McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter YPoston Y Powell Y Purcell Y Randall

548

JOURNAL OF THE HOUSE,

Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Sinkfield
N Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith, V Y Smith.W

Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker

Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y William9,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Burkhalter of the 41st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 252. By Representatives Pinholster of the 15th, Stancil of the 16th, Lewis of the 14th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide that licensed physicians performing physicals to student athletes or serving as team doctors on a vol unteer basis shall be immune from civil liability.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that licensed physicians performing physicals to stu dent athletes or serving as team doctors without compensation on a volunteer basis shall be immune from civil liability; to provide for civil liability for willful or wanton acts or omissions; 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 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code section at the end to read as follows:
"51-1-43. Any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto who in good faith renders voluntary service without compensation as an athletic team physician, either as the team doctor during or in conjunction with athletic prepara tory activities or athletic contests or in conducting preseason physicals for athletes, shall not be liable for any civil damages as a result of any act or omission by such person in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the amateur or nonprofessional athlete. Liability for civil damages shall attach to any willful and wanton act or omission by such person committed in rendering such voluntary ser vice or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the athlete."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that further consideration of HB 252 be postponed until tomorrow immediately following the period of unanimous consents.

Representative Ladd of the 59th moved the previous question.

WEDNESDAY, FEBRUARY 10, 1993

549

Representative Barnes of the 33rd moved that HB 252 be placed upon the table.

On the motion to table, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
Bailey N Baker N Bannister N Barfoot Y Bargeron Y Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks,D Y Brooks.T
Brown NBuck N Buckner NBunn N Burkhalter
NByrd Y Campbell N Canty N Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman.B N Coleman.T

N Colwell Connell
NCox N Crawford N Crews N Culbreth
N Cummings Davis.G
Y Davis.M
N Dickinson
NDix Y Dixon.H N Dixon.S
Dobbs N Dover N Ehrhart
Epps N Evans N Felton NFloyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover Y Hammond N Hanner N Harris,B N Harris.M YHart N Heard N Hegstrom N Hembree N Henson N Holland

Holmes
Howard N Hudson N Hughes N Hugley N James
Jamieson N Jenkins
Johnson,D.H N Johnson,E N Johnson.G
N Johnson,J
N Johnston N Jones
N Joyce
NKaye Y Kinnamon Y Klein NLadd N Lakly Y Lane,D
N Lane.R N Lawrence N Lawson NLee N Lewis NLord N Lucas N Maddox NMann
N Martin
N McBee
N McClinton
McKinney,B Milam N Mills

N Mobley.B N Mobley,J N Moore N Mosley N Mueller
N Oliver N O'Neal N Orrock
Padgett Parham N Parrish N Patten Pelote
Y Perry
N Pinholster Poag
N Polak
Y Porter Y Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan
N Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis N Skipper

N Smith.C Y Smith.L N Smith,? N Smith.T N Smith,V N Smith,W N Smyre
Snow Stancil.F N Stancil,S N Stanley.L Stanley,? Stephenson
N Streat N Taylor N Teague Y Teper Y Thomas.C N Tillman N Titus N Towery N Trense Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmorland
White N Williams.B
Y Williams,R N Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 23, nays 134. The motion was lost.

On the motion for the previous question, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty

Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M Y Dickinson YDix
Dixon.H

Y Dixon.S Dobbs
Y Dover Y Ehrhart
Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Jamieson N Jenkins Y Johnson,D.H
Y Johnson,E
Y Johnson.G Y Johnson,J
Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane,D Y Lane,R Y Lawrence Y Lawson

YLee Y Lewis YLord N Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Milam Y Mills Y Mobley,B Y Mobley.J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Parham Y Parrish Y Patten

550

JOURNAL OF THE HOUSE,

Pelote Perry Y Pinholster Poag Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay

Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Shipp Y Simpson
Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith.W Y Smyre YSnow
Stancil,F Y Stancil,S Y Stanley,L
Stanley,?

On the motion, the ayes were 151, nays 8. The motion prevailed.

Y Stephenson Y Streat Y Taylor YTeague
Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense N Turnquest NTwiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

The following amendment was read and lost:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 252 as follows:
P. 1, lines 21, 22 strike the following: or in conducting preseason physicals for athletes" P. 2 line 3 strike: "or in conducting such physicals".

The following amendment was read and lost:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 252 as follows:
P. 2 line 1 strike the following:
"attach to any willful and wanton act or omission by such person committed"
and replace with:
"apply the same standard of care as any 'Good Samaritan' as otherwise provided in this code".

The following amendment was read and withdrawn:

Representative Byrd of the 170th moves to amend the Committee substitute to HB 252 as follows:
By adding after the comma on page 1 line 22 the following:
"provided that the physician informs the parent or guardian that such services are without liability,".

The following amendment was read and adopted:

Representatives Randall of the 127th and Groover of the 125th move to amend the Committee substitute to HB 252 as follows:
By striking the word "and" on line 1 page 2 and inserting in lieu thereof "or".

The following amendment was read:

WEDNESDAY, FEBRUARY 10, 1993

551

Representative Thomas of the 100th moves to amend the Committee substitute to HB 252 as follows:
Amend page 2, line 1, by inserting the words, "gross negligence or" between the word "any" and "willful" and by striking the word "and" between the word "willful" and "wan ton" and inserting therein the word "or" so that the line reads as follows:
"For civil damages shall attach to any gross negligence or willful or wanton...".

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

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron Y Barnes N Bates N Benefield
N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooka.T N Brown YBuck Y Buckner N Bunn N Burkhalter NByrd Y CampbeU N Canty Y Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler
N Channel! N Childers N Clark N Coker N Coleman,B N Coleman.T

N Colwell Connell
YCox Y Crawford
N Crews N Culbreth Y Cummings
Y Davis.G Y Davis.M Y Dickinson
NDix Y Dixon.H N Dixon,S
Dobbs Y Dover
N Ehrhart Epps
N Evans
N Felton N Floyd,J.M N Floyd,J.W
N Godbee N Golden Y Goodwin
Y Greene N Groover Y Hammond
N Hanner N Harris,B N Harris.M YHart N Heard Y Hegstrom N Hembree
N Henson Y Holland

Y Holmes N Howard
N Hudson N Hughes N Hugley N James
Jamieson Y Jenkins
Johnson.D.H
N Johnson.E N Johnson.G N Johnson.J N Johnston N Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly Y Lane,D N Lane.R N Lawrence
N Lawson NLee N Lewis
NLord N Lucas N Maddox NMann Y Martin Y McBee N McClinton N McKinney.B
Milam N Mills

Y Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal
Y Orrock N Padgett
Parham N Parrish N Patten
Pelote Y Perry N Pinholster
Poag YPolak Y Porter YPoston N Powell N Purcell Y Randall N Randolph NRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 55, nays 111. The amendment was lost.

Y Smith.C Y Smith.L N Smith.P N Smith.T N Smith, V N Smith, W NSmyre NSnow Y Stancil.F N Stancil.S N Stanley,L
Stanley,? Stephenson N Streat N Taylor N Teague Y Teper Y Thomas.C Y Tillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmorland
White N Williams,B N Williams.R
N Yates Yeargin Murphy.Spkr

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron

N Barnes Y Bates N Benefield
Y Birdsong N Bordeaux
Y Bostick Y Breedlove

Y Brooks,D
N Brooks.T N Brown YBuck N Buckner YBunn Y Burkhalter

YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn

Y Chambless Y Chandler Y Channel! Y Childere Y Clark Y Coker Y Coleman.B

552

JOURNAL OF THE HOUSE,

Y Coleman.T Y Colweil
Connell NCox Y Crawford Y Crews Y Culbreth YCummings Y Davis.G
N Davis.M Y Dickinson YDix
YDixon.H YDixon,S
Dobbs Y Dover Y Ehrhart
Epps Y Evans YFelton YFloyd,J.M Y Floyd,J.W Y Godbee
Y Golden N Goodwin Y Greene Y Groover NHammond Y Manner

Y Harris,B Y Harris.M N Hart Y Heard N Hegstrom Y Hembree Y Henson N Holland N Holmes
Y Howard Y Hudson Y Hughes
Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce
Y Kaye N Kinnamon N Klein Y Ladd Y Lakly Y Lane,D

Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddoi Y Mann
Y Martin Y McBee Y McClinton
Y McKinney,B Milam
Y Mills N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock
Y Padgett Parham
Y Parrish Y Patten
Pelote N Perry

Y Pinholster Poag
Y Polak Y Porter N Poston Y Powell Y Purcell Y Randall Y Randolph
Y Ray Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis Y Skipper Y Smith,C
Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W Y Smyre

Y Snow N Stancil,F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor N Teague
N Teper Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 252 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.

The following Resolution of the House was read and adopted:

HR 216. By Representatives Smith of the 169th and Murphy of the 18th: A resolution expressing birthday wishes for Hallie Ward Edwards.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.
The President has appointed on the part of the Senate the following:
Senators Dawkins of the 45th, Garner of the 30th and Walker of the 22nd.

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

WEDNESDAY, FEBRUARY 10, 1993

553

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 187 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 335 Do Pass, by Substitute HB 374 Do Pass HB 569 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 386 Do Pass HB 505 Do Pass, by Substitute HB 516 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 568 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

554

JOURNAL OF THE HOUSE,

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 30 Do Pass HB 223 Do Pass HB 213 Do Pass

HB 250 Do Pass HB 555 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 66 Do Pass, as Amended HR 166 Do Pass HB 351 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 11, 1993

555

Representative Hall, Atlanta, Georgia Thursday, February 11, 1993

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James C. Cantrell, III, Pastor, Jackson United Methodist Church, Jackson, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 651. By Representative Groover of the 125th: A bill to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to authorize the authority to purchase or lease property; to authorize the authority to borrow money; to authorize the authority to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority.
Referred to the Committee on State Institutions & Property.

556

JOURNAL OF THE HOUSE,

HB 652. By Representative Campbell of the 42nd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of machine guns or firearms equipped with silencers during the commission of certain offenses.
Referred to the Committee on Special Judiciary.

HB 653. By Representatives Skipper of the 137th, Dixon of the 150th, Watson of the 139th, Powell of the 23rd, Barfoot of the 155th and others:
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, and other utility contractors, so as to define certain terras; to change the composition of the State Construction Industry Licensing Board.
Referred to the Committee on Industry.

HB 654. By Representative Holland of the 157th:
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 that any contract for the lease of personal property in Georgia shall be governed by the laws of this state.
Referred to the Committee on Judiciary.

HB 655. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and Stancil of the 91st:
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 Western Judicial Circuit.
Referred to the Committee on Judiciary.

HB 656. By Representative Holland of the 157th:
A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Anno tated, relating to superior court reporters emeritus, so as to provide for the office of senior court reporter.
Referred to the Committee on Judiciary.

HB 657. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 11, 1993

557

HB 658. By Representative Watson of the 139th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the Georgia Reinsurers Guaranty Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to July 1, 1993, is unable to perform its contractual obligations, and such claims are not cov ered under Chapter 36 of this title, the "Georgia Insurers Insolvency Pool Act".
Referred to the Committee on Insurance.

HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.
Referred to the Committee on Judiciary.

HB 660. By Representative Floyd of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that loads of unprocessed forest products may be a maxi mum total length of 60 feet.
Referred to the Committee on Transportation.

HB 661. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 43-46-4 of the Official Code of Georgia Anno tated, relating to county licenses for transient merchants, license fees, trans fers of licenses, and scope of licenses, so as to change the provisions relating to such licenses and for fees therefor.
Referred to the Committee on State Planning & Community Affairs.

HB 662. By Representatives White of the 161st, Brooks of the 54th, McKinney of the 51st, Twiggs of the 8th, Mobley of the 86th and others:
A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to authorize cer tain troopers within the Uniform Division of the Department of Public Safety upon attainment of 25 years of membership service as a trooper to retire and receive a monthly retirement benefit equal to 3.0 percent of the trooper's highest average compensation for each year of membership service as a trooper.
Referred to the Committee on Retirement.

558

JOURNAL OF THE HOUSE,

HB 663. By Representatives White of the 161st, Brooks of the 54th and McKinney of the 51st:
A bill to amend Code Section 28-1-1 of the Official Code of Georgia Anno tated, relating to membership and apportionment of the General Assembly, so as to provide that members of the General Assembly shall be full-time public officials; to provide for a salary supplement for members of the Gen eral Assembly.
Referred to the Committee on Rules.

HB 664. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Johnson of the 148th, Smith of the 174th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this state.
By unanimous consent, HB 664 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 665. By Representative Martin of the 47th:
A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, providing general provisions relating to employment, so as to prohibit terminations which are contrary to the public policy of this state; to specify certain terminations which shall be considered as contrary to public safety.
Referred to the Committee on Industrial Relations.

HB 666. By Representatives Martin of the 47th and Polak of the 67th:
A bill to amend Code Section 9-3-33.1 of the Official Code of Georgia Anno tated, relating to actions for childhood sexual abuse, so as to eliminate a cer tain reference contained therein; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to define certain terms; to provide for the offenses of first, second, third, fourth, and fifth degree sexual assault.
Referred to the Committee on Judiciary.

HB 667. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Sinkfield of the 57th and Lane of the 55th:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and sal aries of public officers and employees, so as to authorize departments, agen cies, authorities, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.
Referred to the Committee on Appropriations.

HB 668. By Representatives Martin of the 47th and Cauthorn of the 35th:
A bill to amend Code Section 16-10-9 of the Official Code of Georgia Anno tated, relating to the criminal prohibition against employment in more than one branch of state government, so as to provide an exception for certain part-time employment.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 11, 1993

559

HB 669. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Sinkfield of the 57th and others:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Anno tated, relating to mass transportation, so as to provide for compliance with Section 3029 of the federal Intermodel Surface Transportation Efficiency Act of 1991.
Referred to the Committee on Transportation.
HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to pro vide that county probation and intake employees who are by law transferred to the Department of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service.
Referred to the Committee on Retirement.
HB 671. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' may elect to become members.
Referred to the Committee on Retirement.
HB 672. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 673. By Representative Streat of the 167th:
A bill to reconstitute the Board of Education of Atkinson County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 674. By Representative Groover of the 125th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to pro vide that certain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property acquired by a hospital authority shall be subject to all local zoning regulations.
Referred to the Committee on Ways & Means.

560

JOURNAL OF THE HOUSE,

HB 675. By Representatives Howard of the 118th, Hart of the 116th, Brown of the 117th, Smyre of the 136th, Martin of the 47th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts.
Referred to the Committee on Industry.
HB 676. By Representatives Carter of the 166th, Walker of the 141st, Groover of the 125th, Ray of the 128th, Hudson of the 156th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that rate schedules approved by the Public Service Commission prior to July 1, 1993, shall be amended to eliminate the long-distance charge for calls between two tele phones where the central offices serving such telephones are within 16 miles of each other.
Referred to the Committee on Industry.
HB 677. By Representatives Smyre of the 136th, Howard of the 118th and Bordeaux of the 151st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to allow administrative law judges to be appointed by the State Board of Workers' Compensation to serve as a member of such board to review cases on appeal.
Referred to the Committee on Industrial Relations.

HB 678. By Representatives Smyre of the 136th, Lee of the 94th and Barnes of the 33rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for exclusion from the clas sification of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assem ble, deliver, or distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.
Referred to the Committee on Industrial Relations.

HB 679. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases.
Referred to the Committee on Special Judiciary.

HB 680. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 11, 1993

561

HB 681. By Representative Lane of the 55th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of tobacco products other than cigars and cigarettes.
Referred to the Committee on Ways & Means.

HR 214. By Representatives Golden of the 177th, Skipper of the 137th, Walker of the 141st, Watson of the 139th, Bates of the 179th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Public Service Commission shall be appointed by the Governor; to provide that those members in office at the time of ratifica tion of this amendment shall serve out their respective terms; to provide that the General Assembly shall be authorized by law to provide for a nominating commission.
Referred to the Committee on Industry.

HR 215. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Baker of the 70th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resoultion.
Referred to the Committee on Rules.

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

HB 699. By Representatives Barnes of the 33rd, Golden of the 177th, Atkins of the 29th, Epps of the 131st, Brown of the 117th and others:
A bill to amend Code Section 3-6-26 of the Official Code of Georgia Anno tated, relating to the delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers, so as to authorize wine deliveries in vehicles owned or leased by a wholesale dealer's employees.
Referred to the Committee on Regulated Beverages.

HB 702. By Representatives Howard of the 118th, Hart of the 116th, Padgett of the 119th and Brown of the 117th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

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

HB 616 HB 617 HB 618 HB 619

HB 620 HB 621 HB 622 HB 623

562

JOURNAL OF THE HOUSE,

HB 624 HB 625
HB 626 HB 627 HB 628
HB 629 HB 630
HB 631 HB 632
HB 633 HB 635
HB 636 HB 638 HB 639
HB 640 HB 641
HB 642 HB 643 HB 644

HB 645 HB 646
HB 647 HB 648 HB 649
HB 650 HR 193
HR 194 HR 197
SB 27 SB 28
SB 32 SB 33 SB 52
SB 63 SB 72
SB 151 SB 152 SB 153

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 484 Do Pass, as Amended HB 540 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 327 Do Pass, as Amended HB 343 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 11, 1993

563

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 224 Do Pass HB 283 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 556 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 422 Do Pass HB 425 Do Pass HB 474 Do Pass HB 586 Do Pass

HB 588 Do Pass HB 612 Do Pass HB 614 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 422. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the 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 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

564

JOURNAL OF THE HOUSE,

HB 425. By Representatives Coleman of the 80th, Bannister of the 77th, Johnston of the 81st, Crews of the 78th, Dix of the 76th and others:
A bill to amend an Act providing for the collection of additional fees in cases before the Magistrate Court of Gwinnett County as law library fees, so as to provide for the amount of such 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 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 474. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act entitled "An Act to create the board of education of the Liberty County School District," so as to change the compensation of the members and chairman 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 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 586. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act approved February 4, 1993, so as to correct the expi ration date for the term of office of members of the board of education of Wilkes 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 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 588. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to amend an Act providing for the compensation of the judge of the Probate Court of Warren County, so as to change the provisions relating to the compensation of the clerical help for the judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 612. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County.

THURSDAY, FEBRUARY 11, 1993

565

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 614. By Representative Cox of the 160th:
A bill to repeal an Act providing that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in former Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 338. By Representative Twiggs of the 8th:
A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

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

SB 144. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act incorporating the Town of Vernonburg, as amended, so as to adopt the Georgia Municipal Election Code; to provide a different date for election of officers; to provide different terms for the officers of said town.

SB 167. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to provide that the election of the full-time magis trate shall be by nonpartisan election.

SB 177. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to provide that the school superintendent of the Clayton County School District shall be appointed by the board of education of Clayton County.

566

JOURNAL OF THE HOUSE,

SB 178. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensa tion of the chairman; to provide an effective date.

SB 179. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to pro vide an effective date.

SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.

SB 181. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.

SB 182. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the pro visions relating to the salary of the sheriff; to provide an effective date.

SB 183. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer; to provide an effective date.

SB 184. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date.

SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.

HB 152. By Representative Stephenson of the 25th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to reconstitute the board of education of the independent school system of the City of Commerce and provide for its powers, duties, rights, obliga tions, and liabilities and subject it to certain constitutional and statutory provisions.

THURSDAY, FEBRUARY 11, 1993

567

HB 363. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to reconstitute the Board of Education of Catoosa County, Georgia, and provide for its powers, duties, rights, obligations, and liabilities and sub ject it to certain constitutional and statutory provisions.

HB 406. By Representatives Shipp of the 38th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th, Barnes of the 33rd and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

HB 413. By Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th and Randall of the 127th:
A bill to amend an Act creating the office of assistant solicitor of the State Court of Bibb County, so as to provide for an additional assistant solicitor.

HB 442. By Representative Powell of the 23rd:
A bill to amend the Hart County Water and Sewer Utility Authority Act, so as to provide for a statement of intent and purpose; to change the provisions relating to the membership of the authority and the appointment and terms of members.

HB 443. By Representative Powell of the 23rd: A bill to create the Board of Commissioners of Hart County.

HB 444. By Representative Powell of the 23rd:
A bill to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

HB 487. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to provide for the millage rate, bonded indebtedness, and fiscal year of the City of Marietta Board of Education.

SB 53. By Senator Alien of the 2nd:
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.

SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational pro grams, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, com pensation and expenses, and powers and duties; to provide for duties of the Department of Education.

568

JOURNAL OF THE HOUSE,

SB 74. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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 provide for legislative intent; to provide for definitions; to provide for petitions for charter school status and their review and approval; to provide for criteria and procedures for charter schools and petitions therefor.

SB 88. By Senator Isakson of the 21st:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathology and audiology, so as to change an exemption from licensing; to provide for the granting of licenses to certain persons employed in educational institutions under certain conditions.

SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county hav ing a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.

SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Anno tated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date.

SB 125. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization and the review of property assessments, so as to change the time period within which a tax payer may appeal an assessment by the county board of tax assessors.

SB 150. By Senators Langford of the 35th and Edge of the 28th:
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 addi tional provisions relating to the disposition of delinquent children; to provide for special alternative incarceration--probation boot camps for delinquent children; to provide for the creation, operation, and supervision thereof; to provide for practices, procedures, and requirements related thereof.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 131. By Senators Hill of the 4th, Ray of the 19th, Oliver of the 42nd and others: A resolution creating the Older Worker Task Force.

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

THURSDAY, FEBRUARY 11, 1993

569

SB 53. By Senator Alien of the 2nd:
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.
Referred to the Committee on State Planning & Community Affairs.

SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational pro grams, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, com pensation and expenses, and powers and duties; to provide for duties of the Department of Education.
Referred to the Committee on Education.

SB 74. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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 provide for legislative intent; to provide for definitions; to provide for petitions for charter school status and their review and approval; to provide for criteria and procedures for charter schools and petitions therefor.
Referred to the Committee on Education.

SB 88. By Senator Isakson of the 21st:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Anno tated, relating to speech-language pathology and audiology, so as to change an exemption from licensing; to provide for the granting of licenses to certain persons employed in educational institutions under certain conditions.
Referred to the Committee on Education.

SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county hav ing a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Anno tated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date.
Referred to the Committee on Industrial Relations.

570

JOURNAL OF THE HOUSE,

SB 125. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization and the review of property assessments, so as to change the time period within which a tax payer may appeal an assessment by the county board of tax assessors.
Referred to the Committee on Ways & Means.

SB 144. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act incorporating the Town of Vernonburg, as amended, so as to adopt the Georgia Municipal Election Code; to provide a different date for election of officers; to provide different terms for the officers of said town.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 150. By Senators Langford of the 35th and Edge of the 28th:
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 addi tional provisions relating to the disposition of delinquent children; to provide for special alternative incarceration--probation boot camps for delinquent children; to provide for the creation, operation, and supervision thereof; to provide for practices, procedures, and requirements related thereof.
Referred to the Committee on Children & Youth.

SB 167. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to provide that the election of the full-time magis trate shall be by nonpartisan election.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 177. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to provide that the school superintendent of the Clayton County School District shall be appointed by the board of education of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 178. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensa tion of the chairman; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 179. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to pro vide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 11, 1993

571

SB 180. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the judges of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 181. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 182. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the pro visions relating to the salary of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 183. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 184. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 185. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the solicitor of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 131. By Senators Hill of the 4th, Ray of the 19th, Oliver of the 42nd and others: A resolution creating the Older Worker Task Force.
Referred to the Committee on Rules.

Representative Groover of the 125th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

572

JOURNAL OF THE HOUSE,

HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th: 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.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks,D N Brooks.T
Brown YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell
Canty Carlisle Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler Y Channell N Childers Y Clark Y Coker N Coleman.B Y Coleman.T

Y Colwell Y Connell
Cox Y Crawford
N Crews Y Culbreth Y Cummings N Davis.G Y Davis.M N Dickinson NDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps N Evans N Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B N Harris.M NHart Y Heard N Hegstrom N Hembree Y Henson
Y Holland

N Holmes N Howard Y Hudson Y Hughes N Hugley N James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E N Johnson,G N Johnson ,J Y Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd Y Lakly Y Lane.D Y Lane,R N Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox NMann Y Martin Y McBee
McClinton McKinney,B Milam N Mills

N Mobley,B Mobley,J
N Moore Y Mosley N Mueller Y Oliver Y O'Neal N Orrock Y Padgett YParham Y Parrish Y Patten
Pelote Y Perry N Pinholster NPoag N Polak
N Porter
N Poston Y Powell Y Purcell N Randall N Randolph YRay Y Reaves Y Reichert N Roberts Y Royal N Scoggins Y Shanahan N Sherrill Y Shipp Y Simpson N Sinkfield N Skandalakis Y Skipper

Y Smith.C Y Smith.L N Smith,P Y Smith.T N Smith,V Y Smith.W N Smyre YSnow Y Stancil,F N Stancil.S
Stanley,L Stanley,? Y Stephenson Y Streat Y Taylor N Teague N Teper Y Thomas.C Tillman Y Titus Towery N Trense N Turnquest YTwiggs N Vaughan Y Walker N Wall Y Watson Y Watts N Westmorland N White N Williams,B Y William8,R N Yates Yeargin
Murphy,Spkr

On the motion, the ayes were 94, nays 66. The motion prevailed.

Representative Holmes of the 53rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 189. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to special primaries or special elections to fill vacancies in public office.

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

N Ashe
N Atkins Y Bailey Y Baker N Bannister

N Barfoot Bargeron
Y Barnes N Bates Y Benefield

Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks,D

Y Brooks,T Y Brown YBuck
Y Buckner N Bunn

N Burkhalter YByrd N Campbell
Canty Y Carlisle

THURSDAY, FEBRUARY 11, 1993

573

N Carrell Y Carter E Cauthorn Y Chambless N Chandler N Channell
Childers N Clark N Coker N Coleman.B
Coleman.T N Colwell Y Connell
Cox N Crawford N Crews Y Culbreth
Cummings Y Davis.G N Davis.M N Dickinson NDix Y Dixon.H N Dixon.S
Dobbs Y Dover N Ehrhart YEpps N Evans N Felton
Floyd.J.M

N Floyd,J.W N Godbee N Golden
Good win Y Greene Y Groover
Y Hammond Y Hanner Y Harris,B N Harris.M YHart Y Heard Y Hegstrom N Hembree
Henson Y Holland
Y Holmes N Howard N Hudson N Hughes Y Hugley Y James N Jamieson N Jenkins
Johnson,D.H Y Johnson,E N Johnson,G N Johnson,J N Johnston
Y Jones N Joyce

NKaye Y Kinnamon N Klein NLadd NLakly N Lane.D N Lane.R N Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox NMann
Martin Y McBee
McClinton McKinney.B Milam N Mills Y Mobley,B N Mobley,J N Moore N Mosley Mueller Y Oliver N O'Neal Y Orrock N Padgett N Parham

On the motion, the ayes were 66, nays 87. The motion was lost.

N Parrish Y Patten
Pelote N Perry N Pinholster NPoag Y Polak
Porter Poston Y Powell Y Purcell Y Randall N Randolph Ray Y Reaves Reichert Y Roberts N Royal Y Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper N Smith.C N Smith.L Smith.P N Smith.T N Smith.V

N Smith, W Smyre
N Snow
Y Stancil.F N Stancil,S Y Stanley ,L Y Stanley,P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C
Tillman N Titus N Towery N Trense Y Turnquest N Twiggs N Vaughan Y Walker N Wall N Watson N Watts N Westmoreland Y White N Williams.B N Williams.R N Yates
Yeargin Murphy,Spkr

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 212. By Representatives Howard of the 118th, Hart of the 116th, Brown of the 117th, Padgett of the 119th, Johnson of the 148th and others:
A resolution recognizing African American entrepreneurs and proclaiming February 11, 1993, as "African American Business Enterprise Day".

HR 217. By Representatives Birdsong of the 123rd, Cummings of the 27th, Murphy of the 18th, Parham of the 122nd, Connell of the 115th and others:
A resolution expressing regret at the passing of Brett Bacon.

HR 218. By Representative Smith of the 175th:
A resolution recognizing and commending the Camden County High School Op-Ed Program.

HR 219. By Representatives Smith of the 102nd, Culbreth of the 132nd, Hugley of the 133rd, Buck of the 135th, Taylor of the 134th and others:
A resolution commending Honorable Roy Moultrie.

HR 220. By Representatives Bannister of the 77th and Mueller of the 152nd:
A resolution recognizing Georgia Institute of Technology as the host for the 1993 National Collegiate Athletic Association's Women's Final Four basket ball championship.

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JOURNAL OF THE HOUSE,

HR 221. By Representatives Bannister of the 77th and Mueller of the 152nd:
A resolution commending the Georgia Tech Lady Jackets basketball team on winning the 1992 Natonal Women's Invitational Tournament.

HR 222. By Representatives Parrish of the 144th, Parham of the 122nd, Atkins of the 29th and Twiggs of the 8th:
A resolution commending the Students of the University of Georgia College of Pharmacy.

HR 223. By Representatives O'Neal of the 75th, Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A resolution commending Coach Nick Hyder.

HR 224. By Representative Randall of the 127th:
A resolution recognizing Bobby Jones and inviting him to the House of Rep resentatives.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 225. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending the 1992 Clarke Central High School football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

HR 226. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending and recognizing Coach Billy Henderson of Clarke Central High School and inviting him to appear and be recognized before the House of Representatives.

HR 227. By Representatives McBee of the 88th, Walker of the 141st, Scoggins of the 24th, Heard of the 89th, Holland of the 157th and others:
A resolution commending the 1992 University of Georgia football team and Head Coach Ray Goff and inviting him and members of the team to appear and be recognized before the House of Representatives.

HR 230. By Representatives Taylor of the 134th, Sinkfield of the 57th, Mobley of the 69th, Johnson of the 148th and Hart of the 116th:
A resolution recognizing Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representatives on Friday, February 26, 1993.

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

THURSDAY, FEBRUARY 11, 1993

575

HB 377. By Representatives Smith of the 174th and Tillman of the 173rd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of court of the superior courts, so as to change the terms of court for the Superior Court of Mclntosh 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 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 248. By Representative Stephenson of the 25th:
A bill to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds.

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 and secondary education, so as to provide that each local school superin tendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds; to change the provisions regarding program weights and sparsity grants to provide for such salary; 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 in its entirety Code Sec tion 20-2-108, relating to the certification, classification, and compensation of county school superintendents, and inserting in its place the following Code section.
"20-2-108. Each 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 sched ule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent be less than $70.00 $27,000.00 per month year, such salaries salary to be paid in equal monthly installments out of the seheel funds ef the state funds; and in addition thereto, the local board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just."
Section 2. Said chapter is further amended by striking Code Section 20-2-186, relat ing to program weights for certain salaries, and inserting in its place the following Code section:
"20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent regardless of system size, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instruc tional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment secu rity payments for personnel at the central office, school, and program levels, subject to

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JOURNAL OF THE HOUSE,

appropriatic - by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning sala ries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly."
Section 3. Said chapter is further amended by adding at the end of Code Section 20-2-292, relating to sparsity grants, the following subsection:
"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."
Section 4. This Act shall become effective on July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Godbee of the 145th moves to amend the Committee substitute to HB 248 by striking from line 14 of page 3 the following:
"1994",
and inserting in lieu thereof the following: "1993".

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:

N Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell

Y Carter E Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings YDavis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart

YEpps Evans
Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Good win Y Greene Y Groover Y Hammond
Banner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James

Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G N Johnson,J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D YLane,R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas Y Maddox
Mann Martin Y McBee

Y McClinton McKinney.B
YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter Y Postal Y Powell Y Purcell Y Randall

THURSDAY, FEBRUARY 11, 1993

577

Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill YShipp

Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,?
Y Smith.T Y Smith.V YSmith.W

Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery N Trense
Tumquest
Twiggs Y Vaughan Y Walker

Y Wall Watson
Y Watts Y Westmoreland Y White Y Williams.B Y Williams.R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Mann of the 5th 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 Jones of the 71st and Trense of the 44th stated that they inadvert ently voted "nay" on 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 amendments thereto:

HB 338. By Representative Twiggs of the 8th:
A bill to reconstitute the Board of Education of Towns County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1

Amend HB 338 by striking from lines 6 through 9 on page 4 the following:
"In addition, no person shall be a member of the board if that person's spouse is employed in the Towns County school system."

SENATE AMENDMENT NO. 2

Amend HB 338 by striking in their entirety lines 18 through 33 on page 4 and lines 1 through 8 on page 5, which read as follows:
"Section 3. (a) The first members of the reconstituted Board of Education of Towns County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The member of the board elected to At-large Post 5 and those members of the board elected thereto from Education Dis tricts 1 and 3 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The member of the board elected to At-large Post 4 and that member of the board elected thereto from Education District 2 in 1993 shall take office the first day of January immediately fol lowing that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall

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be nominated and elected at nonpartisan primaries and elections held immediately pre ceding the expiration of their respective terms of office, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified.",
and inserting in lieu thereof the following:
"Section 3. (a) The first members of the reconstituted Board of Education of Towns County shall be elected at a special election which shall be conducted on the Tuesday next following the first Monday in November, 1993. The members of the board elected thereto from Education Districts 1, 2, and 3 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respec tive successors. The members of the board elected to At-large Post 4 and At-large Post 5 in 1993 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified."

Representative Twiggs of the 8th moved that the House agree to the Senate amend ments to HB 338.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

HB 237. By Representatives Davis of the 48th, Stanley of the 50th and Orrock of the 56th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for the regulation and licensing of mortgage brokers and mortgage bankers.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it shall be unlawful to transact a mortgage lending or brokerage business without a license; to provide for licensing requirements and license fees; to provide for the scope of licenses and additional licenses; to provide for the term and renewal of licenses; to provide for the suspension and revocation of licenses; to provide for departmental investigations of applicants; to provide for rules and regulations; to provide penalties for violations; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding a new Article 13 to read as follows:

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"ARTICLE 13
7-1-1000. As used in this article, the term: (1) 'License' means a license issued by the department under this article to act as
a mortgage lender or mortgage broker. (2) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or
make a commitment to advance funds to an applicant for a mortgage loan. (3) 'Mortgage broker' means any person who directly or indirectly solicits, pro
cesses, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others.
(4) 'Mortgage lender' means any person who directly or indirectly makes, origi nates, or purchases mortgage loans or who services mortgage loans.
(5) 'Mortgage loan' means a loan made to a natural person which loan is secured by a mortgage or deed of trust upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refi nancing of any such loan.
(6) 'Person' means any individual, sole proprietorship, corporation, partnership, or any other group of individuals, however organized.
(7) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, for residential purposes.
(8) 'Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan.
(9) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such owner ship interest through one or more natural persons or one or more proxies, powers of attorneys, nominees, corporations, associations, partnerships, trusts, joint-stock compa nies, other entities or devices, or any combination thereof. 7-1-1001. (a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, sav ings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;
(2) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law;
(3) A real estate broker or real estate salesperson not actively engaged in the busi ness of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article;
(4) Any person performing any act relating to mortgage loans under order of any court;
(5) Any natural person making a mortgage loan with his or her own funds for his or her own investment without intent to sell such mortgage loan and who makes fewer that five such transactions in one calendar year;
(6) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Residential Finance Authority, the Georgia Develop ment Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Develop ment (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations;

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(7) Any person who makes a mortgage loan to an employee of such person as an employment benefit;
(8) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less;
(9) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; or
(10) A natural person employed by a licensed mortgage broker or lender when act ing within the scope of employment with the licensee. (b) Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business location in this state shall register with the depart ment on or before June 1 of each year providing the department with such information as the department may prescribe by regulation, including, but not limited to, the busi ness addresses at which such person engages in any business activities covered by this article and a telephone number that customers may use to contact such person. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person. 7-1-1002. It is unlawful for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:
(1) Is licensed as such by the department; or (2) Is a person exempted from the licensing requirements pursuant to Code Sec tion 7-1-1001. 7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. (b) The application shall include the following: (1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The name under which the applicant will conduct business in Georgia; (3) The complete address of the applicant's initial registered office and any other locations at which the applicant will engage in any business activity covered by this article; (4) The general plan and character of the business; (5) A financial statement of the applicant; and
(6) Such other data, financial statements, and pertinent information as the depart ment may require with respect to the applicant, its directors, trustees, officers, mem bers, agents, or ultimate equitable owners of 10 percent or more of the applicant.
(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license in not granted; and
(2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond shall be in the principal sum of $100,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall be payable to the State of Georgia. Such bond shall be continuously maintained thereaf ter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applica ble laws. Any person who may be damaged by noncompliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages.
7-1-1004. (a) Upon receipt of an application for license, the department shall con duct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reason able policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state.

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(b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.
(c) The department shall not license any mortgage lender unless the applicant sub mits audited financial statements covering the applicant's most recent fiscal year preced ing the date of the application or such other financial data as the department may require which disclose that the applicant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continuously maintained as a condition of licensure.
(d) The department shall not issue a license if it finds that the applicant, or any per son who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral tur pitude in any jurisdiction or of a crime which, if committed within this state, would con stitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such con viction.
(e) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equita ble owner of 10 percent or more of the applicant, has had a license denied, revoked, or suspended within one year of the date of the application.
(f) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.
7-1-1005. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-1003 with such modifications as the department may specify and as may be necessary. The department shall adopt rules establishing a procedure for the annual renewal of licenses. No investigation fee shall be payable in connection with such renewal application, but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following October 1.
7-1-1006. (a) Each license issued under this article shall state the address or addresses at which business is to be conducted, the name of the licensee, and the date and place of its incorporation, if applicable.
(b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee.
(c) A license may not be transferred or assigned.
(d) No licensee shall transact business under any name other than that designated in the license.
(e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business, any change of principal officer, director, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement, not later than 30 business days after the change is effec tive.

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(f) No licensee shall open an additional office without prior approval of the depart ment. Applications for such approval shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable appli cation fee. The applicants shall be approved unless the department finds that the appli cant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within 10 days of the commencement of business at the additional office.
7-1-1007. (a) A licensee shall give notice to the department by registered or certi fied mail of any action which may be brought against it and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commence ment of any such action or the entry of any such judgment. The corporate surety shall, within 10 days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the prin cipal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof.
(b) A bond filed with the department for the purpose of compliance with Code Sec tion 7-1-1003 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.
7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corporation or 25 per cent or more of the ownership of any other entity licensed to conduct business under this article unless it first:
(1) Files an application with the department in such form as the department may prescribe from time to time;
(2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if appli cable, and of any proposed new directors, officers, or members of the licensee; and
(3) Pays such application fee as the department may prescribe.
(b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experi ence, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.
(c) The provisions of this Code section shall not apply to:
(1) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt form this article under Code Section 7-1-1001;
(2) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or

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(3) The acquisition of an interest in a licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of its closing. 7-1-1009. (a) Any person required to be licensed under this article shall maintain in its offices such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed under this article insofar as they pertain to any business for which a license is required by this article. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do no provide information necessary to fulfill the responsibilities of the department under this article.
(c) Although examinations and investigations conducted under this article and infor mation obtained by the department in the course of its duties under this article are con fidential pursuant to the provisions of Code Section 7-1-70, the department is authorized to share information with other state and federal regulators or law enforcement agencies.
7-1-1010. (a) Each licensee shall annually, on or before April 1, file a written report with the department containing such information as the department may require con cerning the business and operations during the preceding calendar year as to each licensed place of business. Reports shall be made under oath and shall be in the form prescribed by the department. Any licensee who fails to prepare and file with the department by April 1 the report required by this subsection shall pay the department a penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it.
(b) Each licensee shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the licensed business. The department may by regulation establish minimum standards for audits and reports under this Code section.
7-1-1011. The department may, by regulation, prescribe annual fees, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and which fees may vary
according to whether the licensee is a mortgage broker or mortgage lender. 7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the
department may make reasonable rules and regulations, not inconsistent with law, for
the enforcement of this article. 7-1-1013. It is unlawful for any person, including any person required to be licensed
under this article and any person exempted from the licensing requirements of this arti
cle under Code Section 7-1-1001 to: (1) Misrepresent the material facts or make false promises likely to influence, per
suade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise;
(2) Misrepresent or conceal material factors, terms, or conditions of a transaction
to which the mortgage lender or broker is a party, pertinent to an applicant for a mortgage loan or mortgagor;
(3) Fail to disburse funds in accordance with a written commitment or agreement
to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan;

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(5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mort gage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain;
(6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the making of or purchase or sale of any mortgage loan;
(7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mort gagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of sign ing; or (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this subsection, there is a pre sumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demon strated:
(A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person. 7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promul gate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements: (1) Any person required to be licensed under this article shall provide to each applicant for a mortgage loan at or before the time of the application a disclosure of the fees payable at the time of application and the conditions under which such fees may be refundable; and (2) Any mortgage lender required to be licensed under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connec tion with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable. 7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residen tial mortgage broker, lender, or servicer. 7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements:
(1) Advertisements for loans regulated under this article may not be false, mislead ing, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;
(2) All advertisements by a licensee shall contain the name and an office address of such licensee, which shall conform to a name and address on record with the department;
(3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee'; and
(4) All advertisements by licensees who are only mortgage brokers as defined by this article must include language that:
(A) Such licensees do not make loans; and

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(B) That actual funds are provided by another person, which person may affect availability of funds. 7-1-1017. (a) The department may suspend or revoke an original or renewal license on any ground on which it might refuse to issue an original license or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's business in this state as a mortgage lender or mortgage broker. (b) Notice of the department's intention to enter an order denying an application for a license under this article or of an order suspending or revoking a license under this article shall be given to the applicant or licensee in writing, sent by registered or certi fied mail addressed to the principal place of business of such applicant or licensee. Within 20 days of the date of the notice of intention to enter an order of denial, suspen sion, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regard ing the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such appli cant or licensee.
(c) A decision of the department denying a license, original or renewal, shall be con clusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.
(d) Except as otherwise provided by law, a revocation, suspension, or surrender of a license shall not impair or affect the obligation of a preexisting contract between the licensee and another person.
(e) Nothing in this article shall preclude a person whose license has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license.
7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regula tion of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices.
(b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.
(c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a sepa rate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the grav ity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposi tion or has been imposed pursuant to this Code section. Any person assessed as provided

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in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
(d) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441.
(e) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section.
7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.
7-1-1020. Nothing in this article limits any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Davis of the 48th and Stanley of the 50th, was read:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide that it shall be unlawful to transact a mortgage lending or brokerage business without a license; to provide for licensing requirements and license fees; to provide for the scope of licenses and additional licenses; to provide for the term and renewal of licenses; to provide for the suspension and revocation of licenses; to provide for departmental investigations of applicants; to provide for rules and regulations; to provide penalties for violations; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding a new Article 13 to read as follows:
"ARTICLE 13
7-1-1000. As used in this article, the term: (1) 'Extortionate means' means the use of the threat of violence or other criminal
means to cause harm to the person, reputation of the person, or property of the per son.
(2) 'License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker.
(3) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan.
(4) 'Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead, any conduct which leads to a false belief which is material to the transaction.

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(5) 'Mortgage broker' means any person who directly or indirectly solicits, pro cesses, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others.
(6) 'Mortgage lender' means any person who directly or indirectly makes, origi nates, or purchases mortgage loans or who services mortgage loans.
(7) 'Mortgage loan' means a loan made to a natural person which loan is secured by a mortgage or deed of trust upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refi
nancing of any such loan. (8) 'Person' means any individual, sole proprietorship, corporation, partnership, or
any other group of individuals, however organized. (9) 'Registrant' means any person required to register under subsection (b) of Code
Section 7-1-1001. (10) 'Residential property' means improved real property used or occupied, or
intended to be used or occupied, for residential purposes. (11) 'Service a mortgage loan' means the collection or remittance for another or
the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan.
(12) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such owner ship interest through one or more natural persons or one or more proxies, powers of attorneys, nominees, corporations, associations, partnerships, trusts, joint-stock compa nies, other entities or devices, or any combination thereof. 7-1-1001. (a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, sav ings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;
(2) Any person subject to being examined by the department; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law; (4) A real estate broker or real estate salesperson not actively engaged in the busi ness of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article;
(5) Any person performing any act relating to mortgage loans under order of any
court; (6) Any natural person making a mortgage loan with his or her own funds for his
or her own investment without intent to sell such mortgage loan and who makes fewer than five such transactions in one calendar year;
(7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Develop ment Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Develop ment (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations;
(8) Any person who makes a mortgage loan to an employee of such person as an employment benefit;
(9) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less;

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(10) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; or
(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any lender exempted from the provisions of this article under paragraph (1) of this subsection when acting within the scope of employment with the licensee or exempted lender. (b) Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business location in this state and any person claiming an exemption under paragraph (2) of subsection (a) of this Code section shall register with the department on or before June 1 of each year providing the department with such information as the department may prescribe by regulation, including, but not limited to, the business addresses at which such person engages in any business activities cov ered by this article and a telephone number that customers may use to contact such per son. Registration under this subsection shall be accompanied by a registration fee to be established by regulation of the department. 7-1-1002. It is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:
(1) Is licensed as such by the department; or (2) Is a person exempted from the licensing requirements pursuant to Code Sec tion 7-1-1001. 7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. (b) The application shall include the following: (1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The name under which the applicant will conduct business in Georgia; (3) The complete address of the applicant's initial registered office and any other locations at which the applicant will engage in any business activity covered by this article; (4) The general plan and character of the business; (5) A financial statement of the applicant; and
(6) Such other data, financial statements, and pertinent information as the depart ment may require with respect to the applicant, its directors, trustees, officers, mem bers, agents, or ultimate equitable owners of 10 percent or more of the applicant.
(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license in not granted; and
(2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond shall be in the principal sum of $100,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously main tained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by noncompliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages.
7-1-1004. (a) Upon receipt of an application for license, the department shall con duct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reason able policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state.

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(b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.
(c) The department shall not license any mortgage lender unless the applicant sub mits audited financial statements covering the applicant's most recent fiscal year preced ing the date of the application or such other financial data as the department may require which disclose that the applicant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continuously maintained as a condition of licensure.
(d) The department shall not issue a license if it finds that the applicant, or any per son who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral tur pitude in any jurisdiction or of a crime which, if committed within this state, would con stitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of Jhe crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such con viction.
(e) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equita ble owner of 10 percent or more of the applicant, has had a license denied, revoked, or suspended within one year of the date of the application.
(f) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.
7-1-1005. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-1003 with such modifications as the department may specify and as may be necessary. The department shall adopt rules establishing a procedure for the annual renewal of licenses. No investigation fee shall be payable in connection with such renewal application, but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following October 1.
7-1-1006. (a) Each license issued under this article shall state the address or addresses at which business is to be conducted, the name of the licensee, and the date and place of its incorporation, if applicable.
(b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee.
(c) A license may not be transferred or assigned.
(d) No licensee shall transact business under any name other than that designated in the license.
(e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business, any change of principal officer, director, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement, not later than 30 business days after the change is effec tive.

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(f) No licensee shall open an additional office without prior approval of the depart ment. Applications for such approval shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable appli cation fee. The applicants shall be approved unless the department finds that the appli cant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within 10 days of the commencement of business at the additional office.
7-1-1007. (a) A licensee shall give notice to the department by registered or certi fied mail of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003, or involves a claim for damages in excess of 10 percent of the tangible net worth of the licensee and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judg ment, within 30 days after the commencement of any such action or the entry of any such judgment. The corporate surety shall, within 10 days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof.
(b) A bond filed with the department for the purpose of compliance with Code Sec tion 7-1-1003 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.
7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corporation or 25 per cent or more of the ownership of any other entity licensed to conduct business under this article unless it first:
(1) Files an application with the department in such form as the department may prescribe from time to time;
(2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if appli cable, and of any proposed new directors, officers, or members of the licensee; and
(3) Pays such application fee as the department may prescribe.
(b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experi ence, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.
(c) The provisions of this Code section shall not apply to:
(1) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt form this article under Code Section 7-1-1001;

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(2) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or
(3) The acquisition of an interest in a licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of its closing. 7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed under this article insofar as they pertain to any business for which a license is required by this article. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. 7-1-1010. (a) Each licensee and registrant shall annually, on or before April 1, file a written report with the department containing such information as the department may require concerning the business and operations during the preceding calendar year as to each licensed or registered place of business. Reports shall be made under oath and shall be in the form prescribed by the department. Any licensee or registrant who fails to prepare and file with the department by April 1 the report required by this sub section shall pay the department a penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee or registrant from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee or regis trant fails to pay a penalty from which it has not been relieved, the department may,
through the Attorney General, maintain an action at law to recover it. (b) Each licensee and registrant shall at least once each year have made by indepen
dent certified public accountants an audit of the books and affairs of the licensed or reg istered business. The department may by regulation establish minimum standards for
audits and reports under this Code section. 7-1-1011. The department may, by regulation, prescribe annual fees, which fees shall
be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and which fees may vary according to whether the licensee is a mortgage broker or mortgage lender.
7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
7-1-1013. It is prohibited for any person, including any person required to be licensed under this article and any person exempted from the licensing requirements of
this article under Code Section 7-1-1001 to: (1) Misrepresent the material facts or make false promises likely to influence, per
suade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise;

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(2) Misrepresent or conceal material factors, terms, or conditions of a transaction to which the mortgage lender or broker is a party, pertinent to an applicant for a mortgage loan or mortgagor;
(3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan;
(4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mort gage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the making of or purchase or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mort gagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of sign ing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this subsection, there is a pre sumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demon strated:
(A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; or (10) Provide an extension of credit or collect a mortgage debt by extortionate means. 7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promul gate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan at or before the time of the application a disclo sure of the fees payable at the time of application and the conditions under which such fees may be refundable; and
(2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable.
7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage broker, lender, or servicer.
7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements:
(1) Advertisements for loans regulated under this article may not be false, mislead ing, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;

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(2) All advertisements by a licensee or a registrant shall contain the name and an office address of such licensee or registrant, which shall conform to a name and address on record with the department;
(3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee'; and
(4) All advertisements by licensees or registrants who are only mortgage brokers as defined by this article must include language that:
(A) Such licensees or registrants do not make loans; and (B) That actual funds are provided by another person, which person may affect availability of funds. 7-1-1017. (a) The department may suspend or revoke an original or renewal license on any ground on which it might refuse to issue an original license or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's business in this state as a mortgage lender or mortgage broker. (b) Notice of the department's intention to enter an order denying an application for a license under this article or of an order suspending or revoking a license under this article shall be given to the applicant or licensee in writing, sent by registered or certi fied mail addressed to the principal place of business of such applicant or licensee. Within 20 days of the date of the notice of intention to enter an order of denial, suspen sion, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regard ing the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such appli cant or licensee.
(c) A decision of the department denying a license, original or renewal, shall be con clusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.
(d) Except as otherwise provided by law, a revocation, suspension, or surrender of a license shall not impair or affect the obligation of a preexisting contract between the licensee and another person.
(e) Nothing in this article shall preclude a person whose license has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license.
7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regula tion of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices.
(b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.
(c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to

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exceed $1,000.00. Each day during which the violation continues shall constitute a sepa rate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the grav ity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposi tion or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
(d) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441.
(e) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section.
7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.
7-1-1020. Nothing in this article limits any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without lim iting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'"
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Floor substitute to HB 237 as follows:
By striking "of on line 24 page 1 and inserting "or".

The following amendment was read:

Representatives Davis of the 48th and Stanley of the 50th move to amend the Floor substitute to HB 237 by striking lines 6 through 15 of page 1 and inserting in lieu thereof the following:
"and entities; to provide for the registration of certain persons exempt from licensing requirements; to prohibit the transaction of a mortgage lending or brokerage business without a license or compliance with registration requirements; to provide for applica tions; to provide for licensing requirements and fees; to provide for the scope of licenses and additional licenses; to provide for the term and renewal of licenses; to provide for suspension and revocation of licenses; to provide for examinations and investigations; to provide for notices, reports, and other requirements relative to licensees and registrants;

THURSDAY, FEBRUARY 11, 1993

595

to prohibit certain acts; to provide for disclosure requirements regarding mortgage loans; to provide for requirements relative to escrow accounts and advertisements; to authorize rules and regulations; to provide for administrative orders and actions relative to such orders; to provide civil and criminal penalties; to provide for statutory construction; to provide for other matters relative to the foregoing; to provide an effective date and con ditions relative to such effective date; to repeal".
By striking the period at the end of line 19 of page 2 and inserting in lieu thereof the following:
"or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the closing of the loans to the mortgage lenders providing the funding of such loans."
By adding on line 31 of page 2 after the third comma and before the word "or" the following:
"trust,".
By striking on line 16 of page 4 the word "natural".
By adding at the end of line 30 of page 5 the following:
"No person required to register under this subsection shall transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person is registered with the department."
By adding at the end of line 19 of page 7 the following:
"The provisions of this paragraph shall not apply to any mortgage lender who has a bona fide and verifiable tangible net worth of $250,000.00 or to any mortgage broker who has a bona fide and verifiable tangible net worth of $50,000.00.".
By striking the word "shall" on line 13 of page 8 and inserting the word "may".
By adding after the word "business" on line 8 of page 15 and before the period the following:
", except that a licensee or registrant which is a subsidiary shall comply with this pro vision by annually providing a consolidated audited financial statement of its parent company and an unaudited financial statement of the licensee or registrant which is pre pared in accordance with generally accepted accounting principles".
By adding on line 34 of page 18 after the word "article" and before the word "must" the following:
"and who make mortgage loans that are not first mortgage loans".

The following amendment to the Davis amendment was read and adopted:

Representatives Groover of the 125th, Davis of the 48th and Oliver of the 154th move to amend the Davis amendment to the Floor substitute to HB 237 as follows:
By striking lines 6 & 7 page 2 and insert add after "person" on line 16 page 4 "or the estate of or trust created by a natural person".

The amendment, as amended, was adopted.

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.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Y Brooks.T Y Brown YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis,G Y Davis,M Y Dickinson YDix Y Dixon,H Y Dixon.S Y Dobbs Y Dover YEhrhart
YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden
Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Y Jamieson Jenkins
Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson.J Y Johnston Y Jones N Joyce
YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
YMann Y Martin
Y McBee Y McClinton
McKinney,B
YMilam Y Mills

Y Mobley,B
Y Mobley,J Y Moore Y Mosley
Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper
Y Thomas.C Y Tillman Y Titus Y Towery
Y Trense Y Turnquest YTwiggs
Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 522. By Representatives Buck of the 135th, Thomas of the 100th, Groover of the 125th, Lane of the 146th, Stancil of the 91st and others:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain information collected by a state agency or institution of higher education in the conduct of a study or research publicly or privately sup ported on medical, scientific, technical, scholarly, or artistic issues is not sub ject to the provisions of said article.

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:

THURSDAY, FEBRUARY 11, 1993

597

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd
Y Campbell N Canty Y Carlisle Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
NDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Ehrhart Y Epps
N Evans Y Felton Y Floyd.J.M Y Floyd.J.W Y Godbee Y Golden N Goodwin
Y Greene Y Groover
Hammond Y Hanner Y Harris.B Y Harris.M
YHart Y Heard N Hegstrom
Y Hembree Henson
Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce YKaye Y Kinnamon
Y Klein YLadd N Lakly Y Lane.D YLane.R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee N McClinton
McKinney.B
Y Milam Y Mills

N Mobley.B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak N Porter Y Poston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

N Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith, V Y Smith, W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,?
Y Stephenson Y Streat Y Taylor
N Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Teper of the 61st stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th, Barnes of the 33rd and Thomas of the 100th:
A bill to amend Code Section 17-10-6 of the Official Code of Georgia Anno tated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a threejudge panel to sentences of imprisonment of 12 or more years or several con secutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck

Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler

598

JOURNAL OF THE HOUSE,

Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell
YCox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
YDobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin

Y Greene
Y Groover Y Hammond Y Banner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein

YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann
Martin Y McBee Y McClinton
McKinney.B
Y Milam Y Mills N Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper Y Smith,C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith.W

Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 166, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HR 118. By Representative Lane of the 55th:
A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter E Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell
Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart

YEpps Y Evans Y Felton Y FloydJ.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James

Y Jamieson Y Jenkins Y John8on,D.H Y Johnson.E Y Johnson,G Y Johnson.J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee
Y Lewis YLord
Lucas Y Maddox
YMann
Martin Y McBee

Y McClinton McKinney.B
Y Milam Y Mills Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall

Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

THURSDAY, FEBRUARY 11, 1993

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith.P
Smith.T Y Smith.V Y Smith.W

Y Smyre Y Snow Y Stancil,F
Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker

599
Y Wall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 340. By Representatives Lucas of the 124th, Davis of the 48th, Lawrence of the 64th, Sherrill of the 62nd and Tillman of the 173rd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institu tions, so as to revise the definition of personal care home.

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 Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks.D Y Brooks.T Y Brown YBuck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter E Cauthorn
Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman.B
Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix
Dixon,H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson
Y Hughes Y Hugley
Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Mosley Y Mueller Y Oliver
O'Neal Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Ponton Y Powell Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P
Smith.T Y Smith.V Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

600

JOURNAL OF THE HOUSE,

HB 261. By Representative Cauthorn of the 35th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof.
By unanimous consent, further consideration of HB 261 was postponed until tomorrow morning, immediately following the period of unanimous consents.
HB 39. By Representatives Powell of the 23rd, Watson of the 139th, Parham of the 122nd and Chandler of the 99th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The following boilers and pressure vessels shall be exempt from the require ments of subsections (b), (c), and (d) of Code Section 34-11-14 and Code Sections 34-11-15 and 34-11-16:
(1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes;
(2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units;
(3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer;

THURSDAY, FEBRUARY 11, 1993

601

(4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; and
(5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered?; and
(6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and over 250 psig pressure."
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D Y Brooks.T Y Brown YBuck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter E Cauthorn Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCoi Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D
Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddoi YMann
Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster NPoag YPolak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow
Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
YTeague NTeper Y Thomas.C Y Tillman Y Titus
Y Towery Y Trense Y Turnquest YTwiggs YVaughan Y Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker assumed the Chair.

602

JOURNAL OF THE HOUSE,

HB 174. By Representatives Powell of the 23rd, Watson of the 139th, Snow of the 2nd and Bailey of the 93rd:
A bill to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the opera tion of recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

Representative Connell of the 115th would like to be recorded as voting "aye" on the preceding vote.

HB 258. By Representative Watson of the 139th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the regulation of electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "conditioned air contracting".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, beginning July 1, 1993, and ending June 30, 1994.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 160. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th:
A resolution relative to adjournment.

The following Resolution of the Senate was read:

THURSDAY, FEBRUARY 11, 1993

603

SR 160. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th

A RESOLUTION

Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 12, 1993, and shall reconvene
on Monday, February 15, 1993.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 15 may be as ordered by the Senate; and the hour for convening the House on February 15 may be as ordered by the House.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter E Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis.M Y Dickinson
YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover YEhrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd.J.W Y Godbee
Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree
Henson
Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith.V Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams.R
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution was adopted.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

604

JOURNAL OF THE HOUSE,

HB 360. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types of timber sold by weight shall be sold on the basis of ton nage or pounds, with one ton equaling 2,000 pounds.

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 86. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend the General Appropriations Act for State Fiscal Year 1994, beginning July 1, 1993, and ending June 30, 1994.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), as amended, particularly as amended by that certain act which originated as House Bill 121 of this session, so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to reduce appropriations to the Department of Medical Assistance; to authorize general obligation debt for facilities of the Department of Defense; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 29, pertaining to the Depart ment of Medical Assistance, and by substituting in lieu thereof the following:

"Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................$
Personal Services.............................................................................^ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances.......................................................................!

946.877,537 12,942,598 3,273,421 104,200 0 48,176 16,926,286 935,973 401,058 56,408,982
2,377,950,364

THURSDAY, FEBRUARY 11, 1993

605

Payments to Counties for Mental Health ...................................$ Audit Contracts ...............................................................................$ SPY 1992 Medicaid Benefits,
Penalties and Disallowances ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

43,767,828 772,500
222,957.982 2,736,489,368
946,877,537

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 Operations Total

$

929,327

$ 2,644,676,174

$

1,067,418

$

18,713,573

$

2,198,326

$

4,570,579

$

6,488,687

$

482,950

$

57.362,334

$ 2,736,489,368

$

460,517

$ 930,791,236

$

379,647

$

5,277,579

$

909,852

$

1,730,418

$

3,606,486

$

137,939

$

3,583.863

$ 946,877,537

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts .......................,..............................$ Benefits.............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

90,578.050 0
238,866,166 238,866,166 90,578,050"

Section 2. The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, and the counties and munici pal corporations and authorities of the state with respect to location in Georgia of the pro posed Defense Finance and Accounting Services site, in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will include enhanced performance of defense and public functions, increased job opportunities, enhanced economic activity, and increased governmental revenues. Pursuant to that find ing and declaration, it is hereby further declared to be a significant and important public purpose for the state to fund by general obligation debt its participation in such an under taking.

Section 3. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 45, pertaining to State of Georgia General Obligation Debt Sinking Fund, and by substituting in lieu thereof the following:

"Section 45. 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

318,716,359
68,310,000 387,026,359

606

JOURNAL OF THE HOUSE,

General Obligation Debt Sinking Fund State General Funds (New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$

13,440,000
0 13,440,000"

Section 4. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 82, pertaining to provisions relative to Section 45, State of Georgia General Obligation Debt Sinking Fund (and providing for the purposes of new debt), and by substituting in lieu thereof the fol lowing:

"Section 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 45 for State of Georgia Obligation Debt Sinking Fund, State General Funds (New), the maximum maturity, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that of the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $13,440,000 is specifically appropriated for the pur pose of financing facilities for Georgia Building Authority or the Department of Defense of the State of Georgia in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Com mission proceedings of the United States in connection with Defense Finance and Accounting Service facilities, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equip ment, and facilities, both real and personal, necessary or useful in connection with any such facilities, through the issuance of not more than $140,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Representative Baker of the 70th moved that the House agree to the Senate substitute to HB 86.
On the motion, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates YBenefield
Birdsong Y Bordeaux YBostick YBreedlove Y Brooks,D Y Brooks.T Y Brown Y Buck Y Buckner Y Bunn

YBurkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell Y Connell Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis,G N Davis.M Y Dickinson Y Dix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart Y Epps N Evans Y Felton Y Floyd,J.M
Floyd,J.W Y Godbee Y Golden Y Goodwin

Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins

Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y LaneJD Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas

THURSDAY, FEBRUARY 11, 1993

607

N Maddox NMann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock

Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph
YRay

Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith.P Y Smith.T

On the motion, the ayes were 158, nays 10. The motion prevailed.

Y Smith.V Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley.P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus

Y Towery Y Trense
Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

Representative Jones of the 71st 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 Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 606 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Watson of the 139th 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 House and has instructed me to report the same back to the House with the following rec ommendation:
HB 173 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

608

JOURNAL OF THE HOUSE,

HB 510 Do Pass HB 511 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 447 Do Pass HB 292 Do Pass HB 116 Do Pass, as Amended HB 22 Do Pass, as Amended HB 520 Do Pass, as Amended

HB 24 Do Pass
HB 94 Do Pass HB 476 Do Pass HB 508 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 551 Do Pass HB 552 Do Pass
Respectfully submitted, Is/ Dixon of the 168th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted 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 191 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

THURSDAY, FEBRUARY 11, 1993

609

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 362 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 308 Do Pass, by Substitute HR 134 Do Pass

SR 68 Do Pass SR 69 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 62 Do Pass HB 265 Do Pass HB 309 Do Pass, by Substitute

HB 563 Do Pass, by Substitute HB 565 Do Pass, by Substitute HB 567 Do Pass

Respectfully submitted, /s/ Dover of the 9th
Chairman

Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomor row morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

610

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 12, 1993

The House met pursuant to adjournment at 9:00 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:

Ashe Atkins Baker Bannister Barfoot Bargeron Barnes Bates Benefield Breedlove Brooks.T Buck
Buckner
Bunn Burkhalter Campbell Chandler Childers Clark Coker Coleman.B Coleman.T
Connell Crawford

Crews
Culbreth Cummings Davis.M Dickinson Dix Dixon.S Dobbs Dover Bhrhart Evans Floyd,J.M Floyd,J.W Godbee Golden Greene Groover Hammond Harris ,B Harris.M Hegstrom Hembree Henson Holland

Howard Hudson James Jenkins Johnson.G Johnson,J Johns ton Joyce Kaye Kinnamon Klein Ladd Lakly Lane.D Lawrence Lewis Lord Maddox Mann Martin McBee McKinney.B Milam Mills

Mobley,J Moore Mosley Mueller Oliver O'Neal Padgett Par ham
Parrish Pinholster Poag Poston Powell Purcell Randolph Ray Reaves Roberts Royal Scoggins Shanahan Sherrill Shipp Skipper

Smith.L Smith.P Smith.T Smith.V Stancil,F Stancil,S Stephenson Taylor Teper Titus
Towery
Trense Twiggs Vaughan Wall Watson Watts Westmorland
White Williams.B Yates Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Dixon of the 168th, Johnson of the 153rd, Byrd of the 170th, Lawson of the 20th, Patten of the 176th, Hanner of the 159th, Tillman of the 173rd, Walker 141st, Canty of the 52nd, Smith of the 174th, Lane of the 146th, Streat of the 167th, Stanley of the 50th, Carter of the 166th, Porter of the 143rd, Stanley of the 49th, McClinton of the 68th, Bostick of the 168th, Channell of the lllth, Pelote of the 149th, Holmes of the 53rd, Randall of the 127th, Carrell of the 87th, Orrock of the 56th, Epps of the 131st, Hugley of the 133rd, Lee of the 94th, Hughes of the 19th, Polak of the 67th, Perry of the llth, Chambless of the 163rd, Cox of the 160th, Heard of the 89th, Reichert of the 126th, Jones of the 71st, Mobley of the 69th, Smyre of the 136th, Teague of the 58th, Sinkfield of the 57th and Goodwin of the 79th.
They wish to be recorded as present.

Prayer was offered by Dr. B. Wiley Stephens, Senior Pastor, Dunwoody United Meth odist Church, Dunwoody, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

FRIDAY, FEBRUARY 12, 1993

611

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 682. By Representatives Vaughan of the 34th, Shipp of the 38th, Ehrhart of the 36th, Coker of the 31st and Klein of the 39th:
A bill to amend an Act creating the Cobb Year 2000 Commission, so as to change the manner in which members shall be selected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 683. By Representative Lawson of the 20th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that with respect to any appeal to the supe rior court by the county board of tax assessors or the taxpayer involving the appraised value of the taxpayer's property, the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from expending county funds.
Referred to the Committee on Ways & Means.

HB 684. By Representatives Lawson of the 20th and Harris of the 112th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization and their duties, so as to authorize a taxpayer who is not satisfied with the decision of the county board of equalization to refer the matter to arbitration.
Referred to the Committee on Ways & Means.

HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System by offi cers and employees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority rendered prior to the date such persons became members of the retirement system.
Referred to the Committee on Retirement.

612

JOURNAL OF THE HOUSE,

HB 686. By Representatives Cox of the 160th and Royal of the 164th:
A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part.
Referred to the Committee on Judiciary.

HB 687. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Monroe County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 688. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.
Referred to the Committee on Health & Ecology.

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Anno tated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.
Referred to the Committee on Public Safety.

HB 691. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 692. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Anno tated, relating to transfers of motor vehicles to and from dealers, so as to require the commissioner to provide for an unlimited number of transfers or reassignments to motor vehicle dealers.
Referred to the Committee on Motor Vehicles.

FRIDAY, FEBRUARY 12, 1993

613

HB 693. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Purcell of the 147th, Cox of the 160th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.
Referred to the Committee on Ways & Means.
HB 694. By Representatives Holland of the 157th and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Retail Installment and Home Solicitation Sales Act," so as to define a certain term; to provide that no instrument evidencing or securing certain home improvement loans shall be valid if one of the sub scribing witnesses to such instrument is the seller or is related to the seller of the goods or services upon which the loan is based.
Referred to the Committee on Industry.
HB 695. By Representatives Patten of the 176th, Barfoot of the 155th, Milam of the 130th, Greene of the 158th and Twiggs of the 8th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and related matters, so as to restrict the operation of certain vessels on certain lakes.
Referred to the Committee on Game, Fish & Parks.
HB 696. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to impose term limitations on the office of mayor; to change the time of election and the term of office of the mayor and members of the City Coun cil.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 697. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 698. By Representatives Perry of the llth and Chandler of the 99th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that the collection of certain additional annual registration fees for certain special license plates and prestige license plates shall not be required.
Referred to the Committee on Motor Vehicles.

HB 700. By Representatives Stanley of the 49th, Stanley of the 50th, Davis of the 48th, McClinton of the 68th, Mobley of the 69th and others:
A bill to amend Code Section 10-9-14 of the Official Code of Georgia Anno tated, relating to the use of projects of the Geo. L. Smith II Georgia World Congress Center Authority, so as to change provisions prohibiting certain activities on public sidewalks and streets adjacent to the authority's projects.
Referred to the Committee on State Institutions & Property.

614

JOURNAL OF THE HOUSE,

HB 701. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to cable television systems and services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 703. By Representatives Teague of the 58th, Brooks of the 54th, Howard of the 118th, Wall of the 82nd and McKinney of the 51st:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Anno tated, relating to labor organizations and labor relations, so as to provide that an employer and a labor organization may enter into agreements autho rizing the establishment and collection of service and representation charges from employees who are covered by a collective bargaining agreement but who are not members of the labor organization.
Referred to the Committee on Industrial Relations.

HB 704. By Representatives Lewis of the 14th, Poag of the 6th, Walker of the 141st, Guilders of the 13th, Shanahan of the 10th and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to provide for replacement of licenses by reason of a change of name or address.
Referred to the Committee on Motor Vehicles.

HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County.
Referred to the Committee on State Institutions & Property.

HR 229. By Representatives Colwell of the 7th and Dover of the 9th:
A resolution authorizing the conveyance of certain state owned real property located in Habersham County.
Referred to the Committee on State Institutions & Property.

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

HB 721. By Representative Reaves of the 178th:
A bill to amend Code Section 2-13-6 of the Official Code of Georgia Anno tated, relating to licenses to distribute commercial feed, product registration, fees, and refusal or cancellation of a license or registration, so as to provide for the use, payment, and disbursement of fees.
Referred to the Committee on Agriculture & Consumer Affairs.

FRIDAY, FEBRUARY 12, 1993

615

HB 722. By Representative Reaves of the 178th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relating to weights and measures, so as to provide for the use, payment, and disbursement of fees relating to inspection and certification of weighing and measuring devices, the registration of scale mechanics, and scale registration.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 651 HB 652 HB 653 HB 654 HB 655 HB 656
2Jti-1D 6bo5o8 HB 659 HB 660 riD 661 HB 662 HB 663 TrlTrQ> COADA4
HB 665 HB 666
H.B 667

HB 679 HB 680 HB 681 HB 699 HB 702 HR 214
HggR 21go5 OT3 "70 I* TM OT3 on gg -^2 QTJ 1OO TM gg ^12035
ot> 144 gg ^QQ
QTj -i en

HB 668
HHBB 666790 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676 HB 677 HB 678

qrj

-irjrj

SrtTBj i r7j8Q

SB 179

SB 180

&B 181

SB 182

SB 183

SB 184

SB 185

SR 131

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 595 Do Pass HB 636 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

616

JOURNAL OF THE HOUSE,

HB 595. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairperson and members of the board 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 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 636. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and Lee of the 94th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date for the commission's annual report; to change the date of the commission's abolition.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and others:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

HB 378. By Representative Barfoot of the 155th:
A bill to amend an Act providing for the election of members of the Board of Education of Toombs County, so as to provide for the nonpartisan nomi nation and election of members of the board of education of Toombs County.

HB 414. By Representative Hudson of the 156th:
A bill to reconstitute the Board of Education of Irwin County and provide for its powers, duties, rights, obligations and liabilities and subject it to cer tain constitutional and statutory provisions.

FRIDAY, FEBRUARY 12, 1993

617

HB 457. By Representative Jamieson of the 22nd:
A bill to provide for a Stephens County Board of Registrations and Elec tions.

SB 18. By Senators Ragan of the llth and Pollard of the 24th:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Anno tated, relating to the Department of Agriculture, so as to provide for powers and authority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements.

SB 104. By Senators Broun of the 46th, Oliver of the 42nd and Perdue of the 18th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for definitions; to provide that such setoff remedy shall be in addition to cer tain other remedies; to provide for comprehensive procedures.

SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath.

SB 109. By Senator Alien of the 2nd:
A bill to amend Code Section 40-5-81 of the Official Code of Georgia Anno tated, relating to attendance at driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs, so as to authorize the allocation of courthouse space for the use of representatives of licensed driver improve ment clinics and DUI Alcohol or Drug Use Risk Reduction Programs.

The Senate has agreed to the House Substitute to the following Bill of the Senate:

SB 30. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law, to provide for the submission of this amendment for ratification or rejection.

618

JOURNAL OF THE HOUSE,

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

SB 18. By Senators Ragan of the llth and Pollard of the 24th:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Anno tated, relating to the Department of Agriculture, so as to provide for powers and authority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 104. By Senators Broun of the 46th, Oliver of the 42nd and Perdue of the 18th:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for definitions; to provide that such setoff remedy shall be in addition to cer tain other remedies; to provide for comprehensive procedures.
Referred to the Committee on Industry.

SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath.
Referred to the Committee on State Planning & Community Affairs.

SB 109. By Senator Alien of the 2nd:
A bill to amend Code Section 40-5-81 of the Official Code of Georgia Anno tated, relating to attendance at driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs, so as to authorize the allocation of courthouse space for the use of representatives of licensed driver improve ment clinics and DUI Alcohol or Drug Use Risk Reduction Programs.
Referred to the Committee on Motor Vehicles.

SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and others:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 12, 1993

619

SR 107. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.

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

HB 421. By Representatives Greene of the 158th, Reaves of the 178th, Coleman of the 142nd and Bostick of the 165th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Anno tated, relating to commercial fertilizers, liming materials, and soil amend ments, so as to provide for the regulation of horticultural growing media.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HB 421 by adding to line 18 of page 1 following the word and symbol "thereof;" the following:
"to provide an effective date;". By adding following the word "package" on line 11 of page 2 the following: "or in packages of one cubic yard or more". By striking line 33 of page 3 and inserting in lieu thereof the following: "upon any place during regular business hours and to open and sample any bulk material, bundle,". By striking lines 1 and 2 of page 4 and inserting in lieu thereof the following: "to contain any horticultural growing medium, or to inspect labels or labeling;".
By striking from line 34 of page 4 the following: "less",
and inserting in lieu thereof the following: "more".
By striking the word "Determine" and inserting in lieu thereof "Determining" from line 7 of page 5.
By adding between lines 25 and 26 of page 5 the following:
"(c) Distribution of horticultural growing media containing plant nutrients shall be exempt from the requirements of Article 1 of Chapter 12 of Title 2, the 'Georgia Plant Food Act of 1989.'".
By striking the word "as" and inserting in lieu thereof "one" on line 15 of page 6. By deleting the word "true" from line 19 of page 6. By adding between lines 2 and 3 of page 7 the following: "Section 2. This Act shall become effective July 1, 1994.".

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JOURNAL OF THE HOUSE,

By redesignating Section 2 as Section 3.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 254. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Buck of the 135th, Pinholster of the 15th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to when public disclosure of public records is not required, so as to provide that certain archival records shall be exempt from public dis closure; to provide that such disclosure shall not extend beyond 75 years from the date of donation or sale.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th, Mobley of the 69th, Trense of the 44th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Home less Commission, so as to change and clarify certain powers of the commis sion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 224. By Representatives Lane of the 146th and Floyd of the 138th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Anno tated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.

FRIDAY, FEBRUARY 12, 1993

621

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

HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal 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 roll call was ordered and the vote was as follows:

N Ashe N Atkins
Bailey Y Baker
Bannister Y Barfoot Y Bargeron N Barnes
Bates Y Benefield
Birdsong Bordeaux Bostick N Breedlove Brooks.D Brooks.T Y Brown YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carlisle Y Carrell Carter E Cauthorn Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman.B Coleman.T

Colwell Y Connell YCox Y Crawford N Crews Y Culbreth N Cummings
Davis.G
N Davis.M Dickinson
NDix
Y Dixon.H Y Dixon,S Y Dobbs Y Dover N Ehrhart YEpps N Evans N Felton Y Floyd,J.M
Floyd,J.W YGodbee Y Golden
Good win Y Greene Y Groover Y Hammond
Hanner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes
Howard Y Hudson N Hughes Y Hugley Y James
Jamieson N Jenkins Y Johnson.D.H N Johnson,E
N Johnson.G N Johnson,J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly
Lane,D Y Lane,R N Lawrence N Lawson YLee N Lewis
YLord Y Lucas N Maddoi NMann Y Martin N McBee Y McClinton Y McKinney.B N Milam N Mills

Y Mobley.B N Mobley,J N Moore Y Mosley N Mueller N Oliver N O'Neal Y Orrock Y Padgett YParham
Parrish Patten Y Pelote N Perry N Pinholster NPoag YPolak Y Porter N Poston N Powell Y Purcell Y Randall Y Randolph Ray Y Reaves
Y Reichert Roberts
Y Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp
Y Simpson Sinkfield Skandalakis
Y Skipper

Y Smith.C N Smith.L Y Smith,?
Smith.T N Smith.V N Smith,W YSmyre YSnow Y Stancil,F N Stancil.S Y Stanley.L Y Stanley,?
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan
Y Walker Y Wall Y Watson
Y Watts N Westmoreland Y White
Williams.B
N Williams.R Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 84, nays 62. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Jones of the 71st 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 Oliver of the 154th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE,

Representative Baker of the 70th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 351.

The following Resolutions of the House were read and adopted:

HR 231. By Representative Poston of the 3rd:
A resolution commending Kevn Kinney, Tim Nielsen, Jeff Sullivan and Buren Fowler.

HR 232. By Representatives Hammond of the 32nd, Barnes of the 33rd, Sherrill of the 62nd, Coker of the 31st, Vaughan of the 34th and others:
A resolution commending Kentucky Fried Chicken for saving the Big Chicken and urging company officials to choose the original version as a replacement.

HR 233. By Representatives Buckner of the 95th, Benefield of the 96th, Johnson of the 97th, Lee of the 94th and Bailey of the 93rd:
A resolution commending Rev. L. Floyd Carmack.

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

HR 191. By Representative Lawson of the 20th:
A resolution commending and recognizing the Georgia Recreation and Park Association and inviting its members to appear and be recognized before the House of Representatives.

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 167 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

FRIDAY, FEBRUARY 12, 1993

623

HB 570. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the election of members of the council; to provide for four members of the coun cil to be elected from council districts and for two members to be elected at large.

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

HB 333. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, and Code Section 49-5-41 of the Offi cial Code of Georgia Annotated, relating to persons authorized access to child abuse records, so as to authorize school guidance counselors, school social workers, and school psychologists to review or obtain certain juvenile court and child abuse records regarding any students they are counseling and pro vide for conditions and penalties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Anno tated, relating to when judge or judicial officer is disqualified, so as to pro vide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to superior court.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to state or superior court; to pro vide that a part-time judge shall not be disqualified or prohibited from serving as legal counsel for local governments; 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 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, is amended by inserting at the end thereof a new subsection to read as follows:
"(d) In all cases in which a part-time judge has a conflict because such judge or his or her partner or associate represents a governmental agency or entity, a subdivision of

624

JOURNAL OF THE HOUSE,

government, or any other client, the judge will recuse himself or herself or, with the per mission of the parties, transfer the case to the state or superior court, but such judge will not otherwise be disqualified or prohibited from serving as attorney for such govern mental entities."
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions pre sented on appeal.

The following Committee substitute was read and adopted:

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 and their duties regarding review of assessments and appeal procedures, so as to authorize the establishment of additional county boards of equalization; to require that such boards shall specify in writing the rea sons for decisions on questions presented on appeal as to certain specific issues raised on appeal; 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 and their duties regarding review of assessments and appeal procedures, is amended by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows:
"(1) There is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 26,000 10,000 parcels of real property, the county governing authority, 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 26,000 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 26,000 10,000 par cels."
Section 2. Said Code section is further amended by striking division (e)(6)(C)(i) inserting in its place a new division (e)(6)(C)(i) to read as follows:
"(i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the spe cific issues of taxability, uniformity of assessment, value, or denial of homestead exemp tions depending upon the specific issue or issues raised b the taxpayer in the course of his appeal, shall state that with respect to the appeal no member of the board is dis qualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision

FRIDAY, FEBRUARY 12, 1993

625

shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the deci sion indicating their vote."
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 98, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 113. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-2-84 of the Official Code of Georgia Anno tated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates.

The following amendment was read and withdrawn:

Representative Williams of the 114th moves to amend HB 113 as follows: Add after "heart" in line 3 page the following: "or who were prisoners of war" and by adding after "citation" in line 15 page 1: "or who were prisoners of war".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 47. By Representative Poston of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and sur veillance, so as to provide that a child under the age of 18 years may consent to the recording and divulging of any conversation to which such child is a party to such conversation.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, and surveillance, so as to provide that it shall not be unlawful for a person to intercept a wire, oral, or electronic communication

626

JOURNAL OF THE HOUSE,

where such person is a party to the communication or one of the parties to the communi cation has given prior consent to such interception; to provide that telephonic conversa tions to which a child under the age of 18 years is a party may be recorded and divulged; to provide who may record and divulge such conversations; to provide that consent to the divulging of the conversation of a child under the age of 18 years shall be given only by court order; to provide that recordings shall not be used in prosecution of a child; to pro vide for findings by the court; to provide that recordings be kept under seal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Geor gia Annotated, relating to wiretapping, eavesdropping, and surveillance, is amended by striking Code Section 16-11-66, relating to consent to intercept or record message sent by telephone, which reads as follows:
"16-11-66. Nothing in Code Section 16-11-62 shall prohibit the interception, record ing, and divulging of a message sent by telephone, telegraph, letter, or any other means of communication when the sender and receiver thereof expressly or impliedly consent thereto or in those instances wherein the message is initiated or instigated by a person and the message constitutes the commission of a crime or is directly in the furtherance of a crime, provided at least one party thereto consents.", in its entirety and inserting in lieu thereof the following:
"16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from inter cepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(b) After obtaining the consent required by this subsection, the telephonic conversa tions to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by tele phone shall be given only by order of a judge of a superior court upon written applica tion. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. Such application need not comply with the procedures set out in Code Section 16-11-64.
(c) The judge shall issue the order provided by subsection (b) of this Code section only:
(1) Upon finding probable cause that a crime has been committed; (2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (3) Upon determining that participation is not harmful to such child. The recording provided for in subsection (b) of this Code section shall be returned to the superior court judge that issued the order and a copy of the recording shall be kept under seal until further order of the court."
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.

The following Resolution of the House was read and adopted:

FRIDAY, FEBRUARY 12, 1993

627

HR 235. By Representative Floyd of the 138th: A resolution recognizing the Dooly County Youth Leadership Conference.

Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HR 126. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution urging the promotion of faculty development initiatives in the fields of gerontology and geriatrics and further urging the establishment of a centralized clearinghouse for information about course work, programs, and careers in the field of aging.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 108, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 77. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Anno tated, relating to the licensing of insurance agents, subagents, and others, so as to provide for the issuance of a display certificate of licensure by the Commissioner of Insurance.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to provide for the issu ance of a display certificate of licensure by the Commissioner of Insurance; to authorize the Commissioner to provide by rule or regulation the form and content of the certificate, application procedures, and the fee for the certificate; to provide a maximum amount for the fee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, is amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses issued by the Commis sioner of Insurance, in its entirety and inserting in its place a new Code Section 33-23-11 to read as follows:
"33-23-11. (a) The Commissioner shall issue licenses applied for to persons quali fied 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.
(c) Upon the request of a licensee under this chapter, the Commissioner shall pro vide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate, the form and content of the certificate, and a fee for the certificate which shall approximate the administrative costs incurred in the preparation

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JOURNAL OF THE HOUSE,

and issuance of such certificate; provided, however, that such cost shall not exceed $25.00."
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 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth 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 89 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 198 Do Pass HR 199 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Pursuant to SR 160, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 15, 1993.

MONDAY, FEBRUARY 15, 1993

629

Representative Hall, Atlanta, Georgia Monday, February 15, 1993

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

Ashe Atkins Bailey Baker
Bannister
Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks.D Brooks.T Brown Buck Buckner Bunn Burkhalter Byrd Campbell Carlisle Carrell Cauthorn Chambless Chandler Channell Childers Clark Coker Coleman.B

Coleman.T Colwell Connell Cox
Crawford
Crews Culbreth Cummings Davis.G Dickinson Dix Dixon.H Dixon,S
Dobbs Ehrhart
Epps Evans Felton Floyd,J.M Floyd,J.W Godbee Golden Greene Groover Hammond Hanner Harris,B Harris.M Heard Hegstrom Hembree Holland Holmes

Howard Hudson Hughes Hugley James Jamieson Johnson,D.H Johnson,E Johnson,G Johnson,J Johnston
Joyce Kaye Kinnamon
Klein Ladd Lakly Lane,D Lawrence
Lawson Lee Lewis Lord
Lucas Maddox
Mann
Martin McBee McClinton McKinney.B Milam
Mills Mobley,B

Mobley,J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Pelote
Perry
Pinholster Poag
Polak Poston Powell
Purcell Randolph
Ray Reaves Reichert
Roberts Royal
Scoggins
Shanahan Sherrill
Shipp Sinkfield Skandalakis Skipper Smith,C Smith.L

Smith.P Smith.T Smith,V Smith.W Snow Stancil.F Stancil.S Stanley.L Stanley,? Stephenson Streat Teague Teper Thomas.C Tillman Titus Towery Trense Turnquest Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmoreland
White
Williams.B
Williams.R
Yates Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Carter of the 166th, Jones of the 71st, Hart of the 116th, Canty of the 52nd, Porter of the 143rd, Patten of the 176th, Lane of the 146th, Simpson of the 101st, Davis of the 60th, Dover of the 9th, Smyre of the 136th, Henson of the 65th, Goodwin of the 79th and Taylor of the 134th.
They wish to be recorded as present.

Prayer was offered by the Reverend William B. Wade, Jr., Pastor, First Presbyterian Church, Covington, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

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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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 705. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the creation of the Employees' Retirement System of Georgia and related matters, so as to change certain language relating to the creation of such retirement system.
Referred to the Committee on Retirement.

HB 706. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation of the Teachers Retirement Sys tem of Georgia and related matters, so as to change certain language relating to the creation of such retirement system.
Referred to the Committee on Retirement.

HB 707. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Public School Employees Retirement System, so as to change the name by which such chapter is known and cited.
Referred to the Committee on Retirement.

HB 708. By Representative Parham of the 122nd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that cer tain members with at least 33 years of service shall be eligible to retire forth with and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65.
Referred to the Committee on Retirement.

MONDAY, FEBRUARY 15, 1993

631

HB 709. By Representative Parham of the 122nd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that cer tain members with at least 32 years of service shall be eligible to retire forth with and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65.
Referred to the Committee on Retirement.

HB 710. By Representatives Purcell of the 147th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the compensation of probate court judges, so as to raise the minimum annual salary of the judges of the probate court.
Referred to the Committee on Judiciary.

HB 711. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for the designation of emergency wreckers.
Referred to the Committee on Public Safety.

HB 712. By Representative Randall of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act," so as to change the provisions relating to notices of the seizure of property having an estimated value of $25,000.00 or less.
Referred to the Committee on Special Judiciary.

HB 713. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Webster County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd, Chandler of the 99th and Watson of the 139th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 715. By Representatives Skipper of the 137th and Greene of the 158th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located.
Referred to the Committee on State Planning & Community Affairs.
HB 716. By Representatives Joyce of the 1st, Crews of the 78th and Johnston of the 81st:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to provide a short title; to pro vide for legislative findings; to provide for definitions; to provide that it shall not be unlawful for a physician to perform abortions in certain circum stances.
Referred to the Committee on Judiciary.
HB 717. By Representative Perry of the llth:
A bill to amend an Act incorporating the Town of Trion, so as to reconsti tute the Board of Education of the Town of Trion and provide for its pow ers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 718. By Representatives Powell of the 23rd, Dover of the 9th, Godbee of the 145th, Oliver of the 154th, Harris of the 112th and others:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Anno tated, relating to enrollment counts, so as to change which courses may be counted.
Referred to the Committee on Education.

HB 719. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Smith of the 102nd, Hugley of the 133rd and others:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to include military bases within the definition of local government; to allow service suppliers collecting "911" charges from subscrib ers located on military bases to apply these funds directly to the service supplier's bill for "911" service rather than remitting the funds to an Emer gency Telephone System Fund.
Referred to the Committee on Industry.

HB 720. By Representatives Hanner of the 159th, Twiggs of the 8th, Barfoot of the 155th, Dover of the 9th, Coleman of the 142nd and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions relative to the State Merit System of Personnel Administration, so as to provide that certain employees for the Department of Natural Resources shall be entitled to receive certain benefits.
Referred to the Committee on Game, Fish & Parks.

MONDAY, FEBRUARY 15, 1993

633

HB 723. By Representatives Teague of the 58th, McKinney of the 51st, Brown of the 117th, Roberts of the 162nd, Porter of the 143rd and others:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide for a report to the county Department of Family and Children Services relating to families against whom an affidavit is filed; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Depen dent Children Act," so as to provide that county departments shall receive such reports and offer referrals.
Referred to the Committee on Children & Youth.

HB 724. By Representatives Cox of the 160th, Royal of the 164th, Floyd of the 138th, Perry of the llth, Bates of the 179th and others:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the state lottery, so as to provide that any state agency or department may submit to the Georgia Lottery Corporation a list of the names of any persons against whose property such agency or department has a valid lien.
Referred to the Committee on Industry.

HB 725. By Representatives Hegstrom of the 66th, Dover of the 9th, Byrd of the 170th, Dixon of the 150th, Brown of the 117th and others:
A bill to amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian burial objects, so as to recognize officially certain American Indian tribes of Geor gia.
Referred to the Committee on Game, Fish & Parks.

HB 726. By Representative Bannister of the 77th:
A bill to amend Code Section 40-2-130 of the Official Code of Georgia Anno tated, relating to records of motor vehicle certificates of registration, so as to authorize inspection of such records by private detectives licensed by the Georgia Board of Private Detective and Security Agencies.
Referred to the Committee on Motor Vehicles.

HB 727. By Representatives Roberts of the 162nd, Chambless of the 163rd, Bates of the 179th, Reaves of the 178th, Cox of the 160th and others:
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 taxes, so as to authorize the imposition of such taxes for certain aviation projects in counties in need of enhanced or expanded air carrier service.
Referred to the Committee on Ways & Means.

HR 234. By Representatives Joyce of the 1st, Byrd of the 170th, Johnson of the 153rd, Dixon of the 150th, Burkhalter of the 41st and others:
A resolution urging Congress to take all steps necessary to preserve the ban prohibiting the service of homosexuals in the military.
Referred to the Committee on Defense & Veterans Affairs.

634

JOURNAL OF THE HOUSE,

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

HB 730. By Representative Parrish of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Emanuel County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 731. By Representative Parrish of the 144th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to the selection and terms of the members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 732. By Representatives Stanley of the 50th, Davis of the 48th and Stanley of the 49th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm.
Referred to the Committee on Public Safety.

HB 737. By Representatives Watts of the 26th, Parham of the 122nd, Groover of the 125th, Coleman of the 142nd, Parrish of the 144th and others:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institu tions notwithstanding certain relationships between members of the board and such financial institutions.
Referred to the Committee on Education.

HR 240. By Representatives Brown of the 117th, Holmes of the 53rd, Johnson of the 148th, Taylor of the 134th, Hart of the 116th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for cer tain tax treatment purposes.
Referred to the Committee on Ways & Means.

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

HB 682 HB 683 HB 684 HB 685 HB 686

HB 687 HB 688 HB 689 HB 690 HB 691

MONDAY, FEBRUARY 15, 1993

635

HB 692 HB 693 HB 694 HB 695 HB 696 HHBB 669978
HB 700
HB 701
HB 703
HB 704

HB 721 HB 722 HR 228 HR 229 GO 1 o TM bB 110M4
SB 108
SB 109
SB 195
SR 107

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 428 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 619 Do Pass HB 626 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 619. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to amend an Act creating a charter for the City of Chickamauga, so as to provide for an elected board of education for the City of Chickamauga as mandated by an amendment to the Constitution of Georgia, Article VIII, Section V, Paragraph II, and approved by the voters on November 3, 1992.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

636

JOURNAL OF THE HOUSE,

HB 626. By Representatives Shipp of the 38th, Cauthorn of the 35th, Vaughan of the 34th, Atkins of the 29th and Coker of the 31st:
A bill to amend an Act creating a new charter for the city of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 217. By Senator Starr of the 44th:
A bill to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that city; to provide for defi nitions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

SB 218. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act consolidating the offices .of tax receiver and tax col lector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to provide for the application of civil service bene fits to the deputy tax commissioner; to provide an effective date.

SB 219. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for an increase in the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, as amended, so as to increase the amount of such exemption for residents of Clayton County who are 65 years of age or over.

SB 220. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill authorizing the Board of Commissioners of Clayton County to offer the elected officials of Clayton County, and all employees subject to the jurisdic tion of such elected officials, participation in the county's retirement and benefit system; to make provisions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the coun ty's system; to provide an effective date.

SB 221. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, so as to provide for the partisan election of the chief magistrate; to provide for terms of office; to provide for filling vacancies.

MONDAY, FEBRUARY 15, 1993

637

HB 453. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to repeal an Act to make permanent certain existing Clarke County paid staff positions within the Office of the District Attorney of the Western Judicial Circuit.

HB 456. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.

HB 459. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.

HB 466. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Americus," so as to provide council districts.

HB 468. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act establishing a system of public schools in the City of Americus, so as to reconstitute the board of education of the independent school system of the City of Americus and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

SB 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and oth ers:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dures of the Department of Administrative Services relative to state purchas ing, so as to provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled con tent; to require the use of retreaded tires.

SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to adver tisement of bids; to provide an effective date.

SB 117. By Senators Gillis of the 20th, Ray of the 19th and Perdue of the 18th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change certain provisions relating to references; to provide an effective date.

638

JOURNAL OF THE HOUSE,

SB 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.

HB 2. By Representatives Lane of the 55th, Dixon of the 150th, Shanahan of the 10th, Mobley of the 86th and Dover of the 9th:
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 provide that no municipal and county consolidation shall become effective unless such consolidation is separately approved by a major ity of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population.

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

SB 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and oth ers:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dures of the Department of Administrative Services relative to state purchas ing, so as to provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled con tent; to require the use of retreaded tires.
Referred to the Committee on State Planning & Community Affairs.

SB 97. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to adver tisement of bids; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 117. By Senators Gillis of the 20th, Ray of the 19th and Perdue of the 18th:
A bill to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change certain provisions relating to references; to provide an effective date.
Referred to the Committee on Natural Resources & Environment.

SB 146. By Senators Robinson of the 16th, Oliver of the 42nd, Edge of the 28th and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 15, 1993

639

SB 217. By Senator Starr of the 44th:
A bill to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that city; to provide for defi nitions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 218. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to provide for the application of civil service bene fits to the deputy tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 219. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for an increase in the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, as amended, so as to increase the amount of such exemption for residents of Clayton County who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 220. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill authorizing the Board of Commissioners of Clayton County to offer the elected officials of Clayton County, and all employees subject to the jurisdic tion of such elected officials, participation in the county's retirement and benefit system; to make provisions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the coun ty's system; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 221. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, so as to provide for the partisan election of the chief magistrate; to provide for terms of office; to provide for filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Baker of the 70th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.

640

JOURNAL OF THE HOUSE,

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

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brook,T Y Brown YBuck Y Buckner NBunn N Burkhalter
YByrd N Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
Y Childera N Clark N Coker N Coleman,B
Coleman.T

Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth
Cummings Davis.G N Davis.M E Dickinson NDix Y Dixon,H Y Dixon.S Y Dobbs Y Dover N Ehrhart YEpps Evans N Felton Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Good win Y Greene Y Groover Y Hammond Y Hanner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom Hembree Y Henson Y Holland

Y Holmes N Howard
Y Hudson N Hughes Y Hugley
Y James Y Jamieson Y Jenkins Y Johnson,D.H
Johnson,E N Johnson.G N Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly Y Lane,D Y Lane,R N Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox NMann Y Martin YMcBee Y McClinton Y McKinney,B YMilam N Mills

Y Mobley.B
Y Mobley,J N Moore
Y Mosley Mueller
Y Oliver Y O'Neal
Y Orrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry N Pinholster NPoag YPolak Y Porter
Y Poston Powell
Y Purcell
E Randall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins YShanahan Y Sherrill N Shipp
Y Simpson Y Sinkfield
N Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P
Smith.T N Smith,V N Smith,W YSmyre YSnow Y Stancil,F N Stancil.S YStanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C
Tillman Titus N Towery
N Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland Y White
N Williams,B N Williams.R NYates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 113, nays 49. The motion prevailed.

Representative Powell of the 23rd 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 Evans of the 28th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Defense and Veterans Affairs.

HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide certain procedures which will enable a disabled veteran to qualify for a special license plate.

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

MONDAY, FEBRUARY 15, 1993

641

HR 198. By Representatives Atkins of the 29th, Coker of the 31st, Vaughan of the 34th, Klein of the 39th, Shipp of the 38th and others:
A resolution commending Jett Williams and inviting her to appear before the House of Representatives.

HR 199. By Representatives Groover of the 125th, Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others:
A resolution commending the mayor and council of the City of Macon, the members of the Bibb County board of commissioners, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 236. By Representatives McBee of the 88th and Scoggins of the 24th:
A resolution commending and recognizing Teresa Lord and inviting her to appear and be recognized before the House of Representatives.

HR 238. By Representative Poston of the 3rd:
A resolution commending and recognizing the 1992 Ringgold Lady Tigers var sity softball team and inviting its members to appear and be recognized before the House of Representatives on February 17, 1993.

HR 239. By Representatives Childers of the 13th, Perry of the llth, Smith of the 12th, Shanahan of the 10th, Cummings of the 27th and others:
A resolution commending the Georgia School for the Deaf, its football team, coaches, and staff and inviting the team to appear before the House of Rep resentatives.

HR 254. By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th, Padgett of the 119th, Stanley of the 49th and others:
A resolution commending the Augusta Alumnae Chapter of the Delta Sigma Theta Sorority and inviting the members to appear before the House of Rep resentatives on February 26, 1993.

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 4 Do Pass
Respectfully submitted, fa/ Parham of the 122nd
Chairman

642

JOURNAL OF THE HOUSE,

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 41. By Representatives Coleman of the 142nd, Walker of the 141st and Parrish of the 144th:
A bill to be known as the "Budgetary Responsibility Act of 1993"; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, so as to create the Budgetary Responsibility Oversight Committee.

The following amendments were read and adopted:

Representative Groover of the 125th moves to amend HB 41 as follows:
By adding after "documents" on line 3 page 3 the following:
"From any entity or employee thereof which receives appropriated funds in any amount."

Representative Walker of the 141st moves to amend HB 41 as follows:
By adding a new Section 3 to read as follows:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without his signature".
And by renumbering Section 3 as Section 4.

The following amendment was read:

Representative Stancil of the 16th moves to amend HB 41 by adding ", at least one of whom shall be from the minority party," at the end of line 4 of page 2.
By adding ", at least one of whom shall be from the minority party" between "Sen ate" and the period on line 6 of page 2.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron
N Barnes N Bates
N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove
Y Brooks.D Y Brooks.T N Brown NBuck N Buckner YBunn Y Burkhalter
NByrd Y Campbell
N Canty

N Carlisle N Carrell
N Carter N Cauthorn
Chambless N Chandler N Channell N Childers Y Clark Y Coker Y Coleman.B N Coleman.T N Colwell N Connell
NCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M E Dickinson
YDix N Dixon.H

N Dixon,S N Dobbs N Dover Y Ehrhart YEpps Y Evans
Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden
Goodwin Y Greene N Groover N Hammond N Hanner N Harris.B Y Harris.M NHart N Heard N Hegstrom Y Hembree N Henson N Holland

N Holmes Howard
N Hudson N Hughes N Hugley N James Y Jamieson
Jenkins N Johnson.D.H
Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane.D N Lane.R Y Lawrence Y Lawson

NLee N Lewis
Lord N Lucas Y Maddox
YMann N Martin
N McBee N McClinton N McKinney.B
Y Milam Y Mills Y Mobley,B Y MobleyJ Y Moore N Mosley Y Mueller N Oliver N O'Neal
Orrock N Padgett
N Parham N Parrish N Patten

MONDAY, FEBRUARY 15, 1993

Y Pelote N Perry Y Pinholster
YPoag N Polak
N Porter Y Poston N Powell N Purcell E Randall Y Randolph
NRay

N Reaves Y Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

N Smith,C N Smith.L Y Smith.P N Smith,T Y Smith.V Y Smith,W
N Smyre N Snow N Stancil.F
Y Stancil,S Stanley,L Stanley,?

Y Stephenson N Streat N Taylor N Teague N Teper N Thomas.C N Tillman
Titus Y Towery Y Trense Y Turnquest N Twiggs

On the adoption of the amendment, the ayes were 68, nays 98. The amendment was lost.

643
Y Vaughan N Walker Y Wall N Watson N Watts Y Westmoreland Y White Y Williams,B
Williams.R Y Yates N Yeaigin
Murphy,Spkr

Representative Greene of the 158th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Teper of the 61st moves to amend HB 41 as follows:
On page 3 starting on line 12 strike everything starting with "Appropriations" through line 14 and inserting "Members of the General Assembly".

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

N Ashe N Atkins
N Bailey Baker
Y Bannister N Barfoot N Bargeron N Barnes
N Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove N Brooks.D Y Brooks.T Y Brown NBuck
Buckner
Y Bunn Y Burkhalter NByrd Y Campbell
Y Canty N Carlisle N Carrell N Carter N Cauthorn
Chambless N Chandler N Channel! N Childers N Clark N Coker Y Coleman.B N Coleman.T

N Colwell N Connell
NCox N Crawford N Crews N Culbreth N Cummings
Davis,G N Davis.M E Dickinson NDix N Dbcon.H N Dixon.S N Dobbs
Dover N Ehrhart
Epps Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Goodwin N Greene N Groover N Hammond N Manner N Harris.B N Harris.M
YHart N Heard Y Hegstrom
Y Hembree Y Henson Y Holland

N Holmes Y Howard N Hudson N Hughes
N Hugley N James Y Jamieson N Jenkins N Johnson.D.H Y Johnson,E Y Johnson.G N Johnson,J Y Johnston N Jones N Joyce NKaye N Kinnamon N Klein N Ladd NLakly N Lane.D N Lane.R N Lawrence Y Lawson NLee Y Lewis NLord N Lucas N Maddox YMann Y Martin N McBee Y McClinton Y McKinney.B
Milam N Mills

Y Mobley,B N Mobley,J Y Moore N Mosley Y Mueller
N Oliver N O'Neal
Orrock
N Padgett NParham N Parrish
N Patten Y Pelote N Perry N Pinholster
NPoag Y Polak
Y Porter Y Poston N Powell N Purcell E Randall Y Randolph
NRay N Reaves N Reichert Y Roberts N Royal N Scoggins Y Shanahan Y Sherrill
N Shipp N Simpson N Sinkfield Y Skandalakis
N Skipper

On the adoption of the amendment, the ayes were 45, nays 117.

N Smith.C N Smith.L
Y Smith,P N Smith.T N Smith,V N Smith,W N Smyre
Snow N SUnciLF
N Stancil,S N Stanley,L
Stanley,? Stephenson N Streat N Taylor Teague Y Teper N Thomas,C N Tillman Titus N Towery Y Trense Y Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmoreland Y White N Williams.B N Williams.K Y Yates N Yeargin Murphy,Spkr

644 '

JOURNAL OF THE HOUSE,

The amendment was lost.
The following amendments were read and adopted:
Representatives Pinholster of the 15th and Coleman of the 142nd move to amend HB 41 by adding "The chairpersons of such committees shall deliver written executive summa ries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year." at the end of line 14 of page 3.
Representatives Pinholster of the 15th and Coleman of the 142nd move to amend HB 41 by inserting "or performance audits" between "reviews" and "and" on line 14 of page 1.
By inserting "or performance audits" between "reviews" and "and" on line 22 of page 4.
By inserting "or performance audits" between "reviews" and "and" on line 24 of page 4.
By inserting "or performance audits" between "reviews" and "may" on line 31 of page
4.
By inserting "or audit" between "review" and "requires" on line 1 of page 5.
By inserting "or performance audits" between "reviews" and "described" on line 4 of page 5.
By inserting "or audit" between "review" and "shall" on line 5 of page 5.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell Y Childers

Y Clark Y Coker
Y Coleman.B Y Coleman.T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner

Y Harris.B Y Harris.M YHart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
Y McKinney,B Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell

Y Purcell ERandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague

MONDAY, FEBRUARY 15, 1993

645

Y Teper Y Thomas.C Y Tillman Y Titus

Y Towery Y Trense
Turnquest YTwiggs

Y Vaughan Y Walker Y Wall Y Watson

Y Watts Y Westmorland Y White Y Williama,B

Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Baker of the 70th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Buckner of the 95th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, the following Bills of the House were again taken up for consideration:

HB 261. By Representative Cauthorn of the 35th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to change the terms of such orders and provide for service thereof; to provide for duties, penalties, and rights of payers; 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 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking subsections (a), (b), and (c) of Code Section 19-6-32, relating to entering income deduction orders, and inserting in their places the following:
"(a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child support obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action

646

JOURNAL OF THE HOUSE,

by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded. (a.l) (1) All child support orders which are initially issued in this state on or after January 1^ 1994, and are not at the time of issuance being enforced under subsection (a) of this Code section shall provide for the immediate withholding of such support from the wages of the parent required by that order to furnish support unless:
(A) The court issuing the order finds there is good cause not to require such immediate withholding, a prima facie showing of good cause shall include but not be limited to evidence that there is no arrearage in payments previously ordered; or
(B) A written agreement is reached between both parties which provides for an alternative arrangement. (2) All child support orders which are not described in subsection (a) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Sec tion 19-6-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support occur but without the necessity of filing application for ser vices under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency. (b) The income deduction order shall: (1) Direct a payer to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific amount until the arrearage is paid in full; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) The income deduction order under subsection (a) of this Code section is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement."
Section 2. Said chapter is further amended by striking the introductory language of subsection (e) of Code Section 19-6-33, relating to notice and service of income deduction orders, which reads as follows:
"The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:", and inserting in its place the following:"
"The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The payor shall have the duties, penalties, and rights specified in the notice. The notice shall:".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

YAshe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks.D

MONDAY, FEBRUARY 15, 1993

647

Y Brooks.T Brown
YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carlisle
Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson YDix
Dixon,H

Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
FloydJ.M Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H

Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly
Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
McBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver

Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell E Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P

Y Smith.T Y Smith,V Y Smith,W Y Smyre YSnow
Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenaon Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams.R Y Yates Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following communication was received:

From: Representative Groover of the 125th
Pursuant to Rule 137 the undersigned files this explanation of his vote on HB 261.
"I voted for HB 261 because Congress mandates its provisions on penalty of losing the state's part of Federal Funds.
This provision will impose an expense of those least able to afford without a showing of the necessity.
This is another example of Congress "black mailing" a State into taking action without regard to its opinion of the best interest of its people in matters over which the Congress has no real jurisdiction except its power to withhold money sent by the states to Washington.
It is my view that our members of Congress ignore the proper function of the Georgia Legislature in enacting such legislation."
Is/ Groover of the 125th

HB 351. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.

648

JOURNAL OF THE HOUSE,

The following amendments were read and lost:

Representative Smith of the 102nd moves to amend HB 351 as follows: By adding to line 22 page 1 the following: "This increase will not be applicable to members of the General Assembly".

Representative Smith of the 102nd moves to amend HB 351 as follows:
By adding to line 22, page 1 the following:
"This increase will not be applicable to members of the General Assembly until after January 11, 1995."

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

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks,D Y Brooks.T Y Brown YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carlisle
Carrell Carter N Cauthorn Chambless N Chandler Channel! Y Childers N Clark N Coker N Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford
N Crews Y Culbreth Y Cummings Y Davis.G N Davis.M E Dickinson NDix Y Dixon.H Y Diion.S
Dobbs Dover N Ehrhart YEpps N Evans N Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden N Goodwin Y Greene Groover Y Hammond Y Manner
Y Harris.B N Harris.M YHart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland

Holmes Y Howard Y Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H N Johnson.E N Johnson,G N Johnson.J N Johnston Y Jones N Joyce NKaye
Y Kinnamon N Klein NLadd
N Lakly Y Lane.D Y Lane,R N Lawrence N Lawson
YLee N Lewis YLord Y Lucas N Maddox NMann Y Martin Y McBee Y McClinton Y McKinney.B YMilam N Mills

Y Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry N Pinholster
Poag Y Polak Y Porter Y Poston N Powell Y Purcell E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith.C N Smith,L Y Smith,P Y Smith.T N Smith,V
N Smith,W YSmyre YSnow Y Stancil,F
N Stancil.S Y Stanley,L Y Stanley,?
N Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas,C Y Tillman Y Titus
N Towery N Trense Y Turnquest YTwiggs N Vaughan
Y Walker Y Wall
Y Watson Y Watts N Westrooreland Y White N WiUiams.B N Williams.R N Yates N Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 110, nays 57. The Bill, having received the requisite constitutional majority, was passed.

Representative Yeargin of the 90th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Holland of the 157th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

MONDAY, FEBRUARY 15,1993

649

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

HR 166. By Representatives Childers of the 13th, Lane of the 55th, Perry of the llth, Bostick of the 165th, Lane of the 146th and others:
A resolution amending the Rules of the House of Representatives.

The following amendment was read:

Representatives Crews of the 78th and Mills of the 21st move to amend HR 166 as follows:
Line 12, after the period, add "The member shall be fined $10 for the second offense, $25 for the third offense, and $50 for each additional offense per session. This money shall be donated in the member's name to the American Cancer Society."

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

N Ashe N Atkins N Bailey N Baker N Bannister
N Barfoot Bargeron
N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks,D N Brooks,T
Brown
NBuck N Buckner
YBunn N Burkhalter
NByrd N Campbell N Canty N Carlisle
Carrell N Carter N Cauthorn N Chambless N Chandler
Channel! N Childers N Clark
Coker N Coleman.B N Coleman.T

N Colwell N Connell NCox N Crawford
Y Crews N Culbreth N Cummings
N Davis.G Y Davis,M E Dickinson
NDix N Dixon.H
N Dixon,S N Dobbs N Dover
N Ehrhart NEpps
Evans N Felton
Floyd,J.M N Floyd,J.W
NGodbee N Golden N Goodwin N Greene N Groover N Hammond
Manner
N Harris,B N Harris.M
Hart N Heard
Hegstrom
N Hembree Henson
N Holland

Holmes Howard N Hudson N Hughes N Hugley N James Jamieson N Jenkins Johnson,D.H
Y Johnson,E Y Johnson.G N Johnson,J N Johnston
Jones N Joyce
Kaye N Kinnamon N Klein YLadd
Lakly N Lane.D NLane,R Y Lawrence Y Lawson NLee N Lewis NLord
Lucas N Maddox YMann
N Martin N McBee N McClinton
N McKinney.B NMilam Y Mills

Y Mobley,B N MobleyJ N Moore N Mosley N Mueller N Oliver N O'Neal N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry
Pinholster YPoag NPolak Y Porter YPoston N Powell N Purcell ERandall N Randolph
Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson
Sinkfleld N Skandalakis N Skipper

N Smith.C N Smith,L N Smith,P N Smith,T N Smith,V
N Smith,W N Smyre NSnow Y Stancil,F N Stancil,S N Stanley,L N Stanley,P N Stephenson N Streat N Taylor N Teague YTeper
Thomas.C Tillman N Titus N Towery N Trense Y Turnquest
Y Twiggs N Vaughan N Walker N Wall N Watson
N Watts Westmorland White
Y Williams.B N Williams,R
N Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 20, nays 129. The amendment was lost.

Representative Coker of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read:

650

JOURNAL OF THE HOUSE,

Representative Ladd of the 59th moves to amend HR 166 as follows:
Line 10, after the word "session" add ", or in any committee or subcommittee meeting thereof.

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

Y Ashe Y Atkins Y Bailey N Baker Y Bannister
N Barfoot Bargeron
N Barnes
N Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown
NBuck Y Buckner YBunn Y Burkhalter
NByrd
Y Campbell Y Canty
Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers Y Clark Y Coker
Y Coleman.B
N Coleman.T

Y Colwell N Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M E Dickinson YDix
N Dixon.H Dixon.S
Y Dobbs Dover
Y Ehrhart N Epps Y Evans Y Felton
Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover Y Hammond
Hanner Y Harris.B Y Harris.M YHart Y Heard
Hegstrom Y Hembree N Henson
Y Holland

N Holmes Y Howard Y Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson.G N Johnson,J Y Johnston
Jones N Joyce
Kaye Y Kinnamon N Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis NLord N Lucas Y Maddox YMann Y Martin Y McBee N McClinton Y McKinney.B NMilam Y Mills

Y Mobley.B
Y Mobley,J Y Moore N Mosley N Mueller Y Oliver Y O'Neal
Orrock Y Padgett N Parham N Parrish N Patten Y Pelote N Perry Y Pinholster YPoag Y Polak Y Porter Y Poston N Powell Y Purcell E Randall Y Randolph
Ray N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith.P N Sroith.T Y Smith,V N Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor Y Teague YTeper Y Thomas.C
Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan N Walker Y Wall
N Watson N Watts Y Westmorland
White Y Williams,B Y Williams.R
Y Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 109, nays 50. The amendment was adopted.

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

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister N Barfoot
Bargeron N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T

Y Brown YBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell Y Canty Y Carlisle Y Carrell N Carter N Cauthorn Y Chambless N Chandler Y Channell Y Childers

Y Clark Y Coker
Y Coleman.B Coleman.T
Y Colwell N Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M E Dickinson YDix N Dixon.H

Dixon,S Y Dobbs Y Dover Y Ehrhart
NEpps Y Evans Y Felton
Floyd,J.M N Floyd,J.W
YGodbee N Golden Y Goodwin Y Greene Y Groover Y Hammond
Manner

Y Harris,B Y Harris.M YHart
Y Heard N Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins

MONDAY, FEBRUARY 15, 1993

651

Johnson,D.H Y Johnson,E Y Johnson,G N Johnson,*] N Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis NLord N Lucas

Y Maddox YMann Y Martin Y McBee N McClinton N McKinney.B N Milam Y Mills Y Mobley,B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal
Y Orrock Y Padgett Y Parham
Parrish N Patten

Y Pelote Y Perry Y Pinholster NPoag YPolak Y Porter Y Poston N Powell Y Purcell E Randall Y Randolph
Ray N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson N Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P N Smith.T Y Smith,V Y Smith.W YSmyre Y Snow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest NTwiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams.R Y Yates
Yeargin Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 134, nays 31.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Johnston of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Johnson of the 148th 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 Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR
166.

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

HB 511. By Representatives Smith of the 174th, Jamieson of the 22nd, Mueller of the 152nd and Moore of the 113th:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to original actions or interventions for visitation rights by grandparents, so as to provide that such action or intervention may be brought when a child is adopted by a stepparent.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield

Birdsong
Y Bordeaux Y Bostick Y Breedlove
Brooks,D Y Brooks.T Y Brown
YBuck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell Cox Y Crawford

Y Crews Culbreth
Y Cummings Y Davis.G Y Davis.M E Dickinson YDix Y Dixon,H Y Dixon,S Y Dobbs

652

JOURNAL OF THE HOUSE,

Dover
Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Floyd,J.W Y Godbee Y Golden Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hughes

Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson ,G Y Johnson,J Y Johnston Y Jones N Joyce
Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann

Y Martin YMcBee Y McClinton
McKinney.B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Perry Y Pinholster YPoag Y Polak Y Porter Poston Y Powell

Y Purcell E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith,W
Y Smyre YSnow Y Stancil.F
Y Stancil,S

Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor YTeague Y Teper
Thomas,C Y Tillman Y Titus Y Towery
Y Trense Turnquest
Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts
Y Westmoreland White
Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Perry of the llth and Thomas of the 100th 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 447. By Representatives Buck of the 135th, Culbreth of the 132nd and Parham of the 122nd:
A bill to amend Code Section 40-11-2 of the Official Code of Georgia Anno tated, relating to duties of persons who remove or store certain motor vehi cles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G

Y Davis,M E Dickinson
YDix Y Dixon,H
Y Dixon.S Y Dobbs
Dover
Y Ehrhart YEpps Y Evans Y Felton
Y FloydJ.M Y FloydJ.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond YHanner Y Harris,B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin YMcBee Y McClinton Y McKinney.B
Milam Y Mills Y Mobley,B Y Mobley,J

MONDAY, FEBRUARY 15, 1993

653

Y Moore Y Mosley Y Mueller
Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham YParrish Y Patten
Y Pelote Y Perry Y Pinholster
Y Poag

Y Polak Y Potter Y Poston Y Powell Y Purcell E Randall Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan

Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith.V Y Smith,W Y Smyre Y Snow

Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense

Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts
Y Westmoreland White
Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 303. By Representative Ladd of the 59th and Johnston of the 81st:
A bill to amend Code Section 48-5-29 of the Official Code of Georgia Anno tated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to pro vide for procedures with respect to assessments and tax bills during the appeal process; to provide for interest on certain taxpayer refunds; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by adding a new division at the end of subparagraph (e)(6)(C), to be designated division (iii), to read as follows:
"(iii) If the tax digest for the county for the year in question is prepared and the tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall use the higher of the undisputed amount of the valuation of such property or the previous year's valua tion of such property in compiling the tax digest, and tax bills will be issued based on such value. If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $250.00. If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the addi tional taxes are remitted."
Section 2. Said Code section is further amended by striking subparagraph (f)(4)(B) and inserting in its place a new subparagraph (f)(4)(B) to read as follows:
"(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of

654

JOURNAL OF THE HOUSE,

value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $250.00. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all appeals of ad valorem tax assessments filed on or after that date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman,B Y Coleman.T

Colwell
Y Connell YCox Y Crawtord Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis.M E Dickinson YOU Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hamroond Y Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes
Y Howard Y Hudson Y Hughes
Y Hugley Y James
Jamieson Y Jenkins
Y Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane.D YLane.R Y Lawrence Y Lawson YLee Y Lewis
YLord N Lucas Y Maddoi YMann Y Martin YMcBee
Y McClinton Y McKinney.B
Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell E Randall
Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

N Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White
Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Smith of the 175th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 15, 1993

655

HB 538. By Representatives Simpson of the 101st, Thomas of the 100th, Cox of the 160th and Cauthorn of the 35th:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Y Coleman.T

Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis.M E Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs
Dover Ehrhart
YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Banner Y Harris,B Y Harris.M YHart Y Heard N Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton N McKinney.B
Milam
Y Mills

Y Mobley.B Y Mobley.J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell
Y Purcell E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson N Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,? Y Smith,T Y Smith.V Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S N Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland
White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 9. The Bill, having received the requisite constitutional majority, was passed.

HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Anno tated, relating to commitment of delinquent and unruly children, so as to provide certain law enforcement powers to peace officers of facilities operated by the Department of Children and Youth Services.

The following amendment was read and adopted:

The Committee on Children and Youth moves to amend HB 296 by striking from line 3 of page 2 the following:

656

JOURNAL OF THE HOUSE,

"j to obtain a search warrant,".
By inserting on line 6 of page 2 after the word and symbol "children.", the following:
"An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children.".

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Y Brooks,D N Brooks,T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M
E Dickinson YDii Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
YEhrhart YEpps Y Evans Y Felton Y Floyd^J.M Y FloydJ.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y JohnsonJD.H Y Johnson,E Y Johnson,G Y Johnson.J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D Y Lane,R Y Lawrence Y Lawson
Lee Y Lewis
YLord Y Lucas Y Maddoi
YMann Martin
Y McBee Y McClinton
McKinney.B YMilam
Y Mills

Y Mobley,B Y Mobley.J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell ERandall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins YShanahan
Y SherriU Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper

YSmith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
N Tumquest YTwiggs
YVaughan Y Walker YWall
Y Watson Y Watts Y Westmorland Y White
Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 112. By Representative Twiggs of the 8th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to kill bears.

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:

MONDAY, FEBRUARY 15, 1993

657

Y Ashe Y Atkins
Bailey Baker Y Bannister Y Barfoot Bargeron Y Barnes Y Bates Y Benefield Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Y Brooks,T N Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark
Coker N Coleman.B Y Coleman.T

Y Colwell N Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden Y Goodwin
Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M
YHart Y Heard N Hegstrom N Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson
Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd
N Lakly Y Lane,D Y Lane,R Y Lawrence N Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B
Milam N Mills

N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal
Orrock Y Padgett YParham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak N Porter N Poston Y Powell
Purcell E Randall
N Randolph Ray
Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor
Teague N Teper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan N Walker Y Wall Y Watson Y Watts
Westmorland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 139, nays 18. The Bill, having received the requisite constitutional majority, was passed.

HB 361. By Representative Holland of the 157th:
A bill to amend Article 2 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of foreign wills, so as to provide that a duly certified foreign will probated in a foreign state may be recorded in the probate court of certain counties of this state and shall have the same effect as if probated in Georgia.

The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 361 by striking on line 29 of page 2 the following:
"53-2-41", and inserting in lieu thereof the following:
"53-3-41".

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

Y Ashe
Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks,D

658

JOURNAL OF THE HOUSE,

Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childere Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell Y Connell
YCra Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YD Y Dixon.H

Y Dixon.S Y Dobbs Y Dover
Y Ehrhart YEpps
Evans Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover
Y Hammond Hanner
Y Harris,B
Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H

Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane.D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox
YMann Y Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver

Y O'Neal Y Orrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak
Y Porter Poston
Y Powell Y Purcell ERandall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P

Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmorland Y White Y Williams,B Y William8,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 63. By Representative Dover of the 9th:
A bill to amend Code Section 43-50-32 of the Official Code of Georgia Anno tated, relating to certain acts which are not prohibited by certain laws regu lating the practice of veterinary medicine, so as to provide that such laws shall not be construed to prohibit any person performing any embryo trans fer process.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HB 63 by strik ing on line 5 of page 1 and line 6 of page 1 the following:
"any embryo transfer process", and inserting in lieu thereof the following:
"nonsurgical transfer of embryos". By striking from line 16 of page 1 the following: "any embryo transfer process", and inserting in lieu thereof the following: "nonsurgical transfer of embryos".

MONDAY, FEBRUARY 15, 1993

659

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

HB 218. By Representative Dover of the 9th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 298. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
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 following amendment was read:

Representative Groover of the 125th moves to amend HB 298 as follows:
By striking Section 1 in its entirety and renumbering the following sections accord ingly.

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

NAshe N Atkins Y Bailey
Baker N Bannister
Y Barfoot Y Bargeron Y Bames Y Bates Y Benefleld N Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T N Brown
YBuck N Buckner N Bunn

N Burkhalter YByrd N Campbell N Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker N Coleman.B Y Coleman.T Y Colwell Y Connell YCoi Y Crawford

N Crews Y Culbreth Y Cummings
Davis,G N Davis.M E Dickinson NDix Y Dbton,H Y Dixon,S YDobbs N Dover N Ehrhart YEpps
Evans N Felton Y Floyd,J.M
Floyd,J.W YGodbee N Golden N Goodwin

Y Greene Y Groover Y Hammond
Hanner Y Harris.B N Harris,M
YHart N Heard N Hegstrom
N Hembree Henson
N Holland N Holmes N Howard Y Hudson N Hughes
Y Hugley N James N Jamieson Y Jenkins

Y Johnson.D.H N Johnson,E N Johnson.G N Johnson,J
N Johnston N Jones N Joyce NKaye Y Kinnamon N Klein NLadd NLakly Y Lane,D Y Lane.R N Lawrence N Lawson YLee Y Lewis YLord
Lucas

660

JOURNAL OF THE HOUSE,

N Maddox N Mann Y Martin Y McBee N McClinton
McKinney,B Y Milam N Mills N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal N Orrock

N Padgett Y Parham Y Parrish
Patten Y Pelote
Perry N Pinholster
N Poag Y Polak N Porter N Poston Y Powell
Y Purcell E Randall
Y Randolph NRay

Y Reaves Y Reichert N Roberts
Y Royal N Scoggins N Shanahan N Sherrill
N Shipp Y Simpson N Sinkfield N Skandalakis
Y Skipper N Smith.C Y Smith.L N Smith,? Y Smith.T

N Smith.V N Smith.W
Smyre N Snow Y Stancil,F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
N Teague NTeper Y Thomas,C Y Tillman N Titus

On the adoption of the amendment, the ayes were 79, nays 84. The amendment was lost.

N Towery N Trense
Turnquest Twiggs N Vaughan Y Walker N Wall Y Watson Y Watts N Westmoreland N White N Williams,B Y Williams.R N Yates Y Yeargin Murphy.Spkr

Representative Holmes of the 53rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Groover of the 125th moved that the House reconsider its action in failing to adopt the Groover amendment.

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

N Ashe Y Atkins Y Bailey
Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks,T Y Brown YBuck N Buckner
NBunn N Burkhalter YByrd N Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark Y Coker N Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford N Crews Y Culbreth Y Cummings
Davis.G N Davis,M E Dickinson NDix Y Dixon,H Y Dixon,S N Dobbs
Dover N Ehrhart YEpps
Evans N Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B N Harris.M
YHart Y Heard N Hegstrom N Hembree
Henson
Y Holland

Y Holmes Y Howard Y Hudson
Hughes Y Hugley N James N Jamieson Y Jenkins Y Johnson.D.H
N Johnson,E N Johnson.G
N Johnson,J N Johnston N Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane.D Y Lane.R N Lawrence N Lawson
YLee N Lewis
YLord Lucas
N Maddox NMann Y Martin
Y McBee McClinton McKinney,B
Y Milam N Mills

On the motion, the ayes were 95, nays 69. The motion prevailed.

N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal N Orrock Y Padgett Y Parham
Y Parrish
Patten Y Pelote
Perry
N Pinholster
NPoag Y Polak N Porter
N Poston Y Powell Y Purcell E Randall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N SkandalakU Y Skipper

N Smith.C Y Smith,L N Smith.P Y Smith.T N Smith.V N Smith.W
Smyre YSnow Y Stancil,F N St-andl.S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor
Y Teague NTeper Y Thomas.C N Tillman N Titus N Towery N Trense
Turnquest Y Twiggs N Vaughan Y Walker N Wall Y Watson
Y Watts N Westmoreland N White N Williams,B Y Williams,R N Yates Y Yeargin
Murphy.Spkr

MONDAY, FEBRUARY 15, 1993

661

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

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T Y Brown
YBuck N Buckner N Bunn
N Burkhalter
YByrd N Campbell N Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker N Coleman.B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford
N Crews Y Culbreth Y Cummings
Davis.G N Davis.M E Dickinson NDix Y Dixon.H Y Dixon,S
N Dobbs N Dover N Ehrhart
YEpps Evans
N Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden NGoodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris,B N Harris.M
YHart N Heard
N Hegstrom
N Hembree Y Henson
N Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley N James
N Jamieson
N Jenkins Johnson,D.H
N Johnson,E N Johnson,G N Johnson,J N Johnston N Jones
N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly Y Lane,D Y Lane.R N Lawrence N Lawson
YLee N Lewis YLord
Lucas N Maddcot NMann Y Martin Y McBee N McClinton N McKinney.B YMilam N Mills

N Mobley,B Y Mobley,J N Moore
Y Mosley N Mueller Y Oliver Y O'Neal N Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry N Pinholster
NPoag Y Polak N Porter
NPoston Y Powell
Y Purcell ERandall Y Randolph
NRay Y Reaves Y Reichert N Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

N Smith.C Y Smith.L N Smith.P Y Smith.T N Smith.V N Smith,W Y Smyre YSnow Y Stancil.F N Stancil,S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas,C N Tillman N Titus N Towery
N Trense Turnquest
Y Twiggs N Vaughan Y Walker N Wall Y Watson
Y Watts N Westmoreland Y White N Williams,B Y Williams.R N Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 93, nays 78. The amendment was adopted.

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

N Ashe Y Atkins
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner
Bunn N Burkhalter
YByrd

N Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark N Coker N Coleman,B Y Coleman.T
Y Colwell Y Connell
YCox Y Crawford N Crews Y Culbreth Y Cummings
Davis.G

Y Davis.M E Dickinson
NDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart YEpps
Evans N Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden N Goodwill Y Greene Y Groover Y Hammond Y Banner Y Harris.B N Harris.M

YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H N Johnson.E N Johnson.G N Johnson,J Y Johnston Y Jones Y Joyce
Kaye

Y Kinnamon
Y Klein YLadd N Lakly Y Lane.D Y Lane.R N Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney,B YMilam N Mills Y Mobley,B Y Mobley,J

662

JOURNAL OF THE HOUSE,

N Moore Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Perry N Pinholster Y Poag

Y Polak Y Porter Y Poston Y Powell Y Purcell E Randall Y Randolph Y Ray Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan

Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith.P Y Smith.T N Smith.V Y Smith.W Y Smyre Y Snow

Y Stancil.F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery N Trense

Turnquest Y Twiggs Y Vaughan Y Walker N Wall Y Watson Y Watts N Westmoreland Y White N Williams.B Y Williams.R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 135, nays 33.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to mechanical malfunction, the vote of Representative Kaye of the 37th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Perry of the llth 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 Resolutions of the House were read and adopted:

HR 245. By Representative Mobley of the 86th: A resolution commending John Lewis Luke.

HR 246. By Representatives Smith of the 109th, Maddox of the 108th and Carlisle of the 107th:
A resolution expressing regret at the passing of Cerelle Spraggins.

HR 247. By Representative Pelote of the 149th: A resolution recognizing Mrs. Georgia Mae Haggray.

HR 248. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Mr. Grady F. Burnett, Sr.

HR 249. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Bernard Wyatt Williams.

HR 250. By Representative Pelote of the 149th:
A resolution recognizing and commending the second annual "Twelve Nights of Sacrificial Revival Service"; the founder and organizer, Reverend Hal P. McKinley, Sr., of the Clergymen in Action.

HR 251. By Representative Lawson of the 20th:
A resolution commending and recognizing Mr. Bobby Gruhn of Gainesville, Georgia.

MONDAY, FEBRUARY 15, 1993

663

HR 252. By Representative Hembree of the 98th:
A resolution congratulating Lithia Springs on the re-establishment of the town.

HR 253. By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd, Dover of the 9th, Groover of the 125th and others:
A resolution commending the firefighters of Georgia and observing the 21st annual Firefighters' Recognition Day.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 721 Do Pass HB 722 Do Pass SB 18 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth 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 150 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 584 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

664

JOURNAL OF THE HOUSE,

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 497 Do Pass, by Substitute HB 502 Do Pass, by Substitute
Respectfully submitted, Is/ Cummings of the 27th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 280 Do Pass HB 281 Do Pass HB 661 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 16, 1993

665

Representative Hall, Atlanta, Georgia Tuesday, February 16, 1993

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. James 0. Speed, First Presbyterian Church, Marietta, Geor gia.
The members pledged allegiance to the flag.
Representative Yeargin of the 90th, Secretary of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 728. By Representative Lane of the 55th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exercise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended.
Referred to the Committee on State Planning & Community Affairs.
HB 729. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to amend Code Section 47-2-264 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia for secretaries employed by superior court judges and district attorneys, so as to change provisions relating to establishment of creditable service for certain prior employment.
Referred to the Committee on Retirement.

666

JOURNAL OF THE HOUSE,

HB 733. By Representative Yeargin of the 90th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufactur ing of granite into items for sale at retail.
Referred to the Committee on Ways & Means.

HB 734. By Representatives Williams of the 114th and Padgett of the 119th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to provide that funds comprised of counties, municipalities, or school boards shall be exempt from state and local pre mium taxes.
Referred to the Committee on Ways & Means.

HB 735. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to create a board of elections and registration in Athens-Clarke County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 736. By Representative Sherrill of the 62nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions pre sented on appeal.
Referred to the Committee on Ways & Means.

HB 738. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for early voting; to provide for the conditions and circumstances under which a voter may vote early.
Referred to the Committee on Governmental Affairs.

HB 739. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, relating to municipal primaries and elections, so as to provide for a "None of the Above" selection in municipal primaries and municipal primary runoffs.
Referred to the Committee on Governmental Affairs.

TUESDAY, FEBRUARY 16, 1993

667

HB 740. By Representatives Snow of the 2nd, Harris of the 112th, Williams of the 114th, Bailey of the 93rd, Johnson of the 97th and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act," so as to pro vide that the selection of legal counsel for certain duties shall be by competi tive bidding.
Referred to the Committee on Appropriations.

HB 741. By Representatives Parrish of the 144th, Coleman of the 142nd, Lord of the 121st, Childers of the 13th, Parham of the 122nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anticancer drug therapy.
Referred to the Committee on Insurance.

HB 742. By Representatives Holmes of the 53rd, Randall of the 127th, Stanley of the 50th and Sinkfield of the 57th:
A bill to amend Article 6 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to local income tax, so as to revise and change certain provisions relating to calling, conducting, and approval of a referen dum to impose such tax.
Referred to the Committee on Ways & Means.

HB 743. By Representatives Bordeaux of the 151st, Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to the designa tion of the chief judge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 744. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for a referendum election in the City of LaGrange at which the voters of the City of LaGrange shall be given choices relating to the composi tion and selection of the members of the governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 745. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valo rem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

668

JOURNAL OF THE HOUSE,

HB 746. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act establishing the State Court of Wayne County, so as to increase the compensation of the judge and solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 747. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to amend an Act creating and incorporating Peachtree City, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 748. By Representatives Hembree of the 98th, Lewis of the 14th and Yates of the 106th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that the collection of certain additional annual registration fees for certain special license plates and prestige license plates shall not be required.
Referred to the Committee on Motor Vehicles.

HB 749. By Representative Holland of the 157th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code Section.
By unanimous consent, HB 749 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th, Colwell of the 7th, Walker of the 141st and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members.
Referred to the Committee on Retirement.

HB 751. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to uniform conservation easements, so as to change the manner in which such easements may be altered or affected.
Referred to the Committee on Transportation.

HR 237. By Representatives Smith of the 102nd, Hugley of the 133rd, Culbreth of the 132nd and Buck of the 135th:
A resolution urging the Long Term Care Technical Advisory Committee appointed by the State Health Planning Agency to study the special emer gency care needs of the rural elderly.
Referred to the Committee on Health & Ecology.

TUESDAY, FEBRUARY 16, 1993

669

HR 241. By Representatives Holmes of the 53rd and Brown of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into a Community Right-to-Know Trust Fund.
Referred to the Committee on Ways & Means.

HR 242. By Representatives Parrish of the 144th, Lee of the 94th, Childers of the 13th, Parham of the 122nd, Atkins of the 29th and others:
A resolution creating the Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care.
Referred to the Committee on Health & Ecology.

HR 243. By Representative Holmes of the 53rd:
A resolution proposing an amendment to the Constitution so as to increase the authorized amount of the annual levy of state ad valorem taxes on cer tain tangible property.
Referred to the Committee on Ways & Means.

HR 244. By Representatives Parrish of the 144th, Coleman of the 142nd, Watson of the 139th, Buck of the 135th, Godbee of the 145th and others:
A resolution creating the House Communications Technology Study Commit tee.
Referred to the Committee on Rules.

HR 255. By Representatives Hugley of the 133rd, White of the 161st, Greene of the 158th and Taylor of the 134th:
A resolution urging the involvement of parents in the education of their chil dren as their children's first and most important teachers; urging the Georgia Department of Education to make local school systems aware of the Home Instruction Program for Preschool Youngsters (HIPPY), designed especially for parents with limited formal schooling to provide educational enrichment for their preschool children.
Referred to the Committee on Education.

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

HB 752. By Representatives Dixon of the 150th, Groover of the 125th, Chambless of the 163rd, Watson of the 139th, Walker of the 141st and others:
A bill to amend Code Section 51-12-1 of the Official Code of Georgia Anno tated, relating to types of damages, evidence admissible in actions involving special damages, and the admissibility of evidence of compensation, benefits, or other payments from collateral sources, so as to revise the provisions relat ing to the admissibility of evidence of compensation, benefits, or other pay ments from collateral sources.
Referred to the Committee on Judiciary.

670

JOURNAL OF THE HOUSE,

HB 770. By Representatives Turnquest of the 73rd, Mobley of the 69th, Porter of the 143rd and Hart of the 116th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to provide for optional coverage for first-party medical coverage and first-party coverage for loss of income or earnings to be offered by insurers in motor vehicle liability insurance policies.
Referred to the Committee on Insurance.

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

HB 705 HB 706
HB 707 HB 708 HB 709
HB 710 HB 711 HB 712 HB 713
HB 714 HB 715 HB 716
HB 717 HB 718
HB 719 HB 720 HB 723 HB 724

HB 725 HB 726
HB 727 HB 730 HB 731
HB 732 HB 737 HR 234 HR 240
SB 9 SB 97 SB 117
SB 146 SB 217
SB 218 SB 219 SB 220 SB 221

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 673 Do Pass HB 688 Do Pass

HB 696 Do Pass HB 701 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

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

HB 673. By Representative Streat of the 167th:
A bill to reconstitute the Board of Education of Atkinson County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

TUESDAY, FEBRUARY 16, 1993

671

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 688. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 696. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to impose term limitations on the office of mayor; to change the time of election and the term of office of the mayor and members of the City Coun cil.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 701. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to cable television systems and services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

672

JOURNAL OF THE HOUSE,

SB 1. By Senators Oliver of the 42nd, Garner of the 30th, Thompson of the 33rd and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, reports, disclosures, and liability.
SB 2. By Senators Oliver of the 42nd, Marable of the 52nd, Robinson of the 16th and others:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to access to reports of child abuse, so as to change which per sons or entities may have such access.
SB 3. By Senators Oliver of the 42nd, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to temporary transfers of custody of children found to be deprived; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others; to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony of criminal defendants.
SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a por tion of the Chattahoochee River; to provide an effective date.
SB 26. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to the provision of financial assistance for agencies placing hard-to-place children; to revise the provisions relating to the circumstances and terms of payment.
SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provi sions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.
SB 106. By Senators Turner of the 8th, Robinson of the 16th, Broun of the 46th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to pro vide that it shall be unlawful to transact a mortgage lending or brokerage business without a license.

TUESDAY, FEBRUARY 16, 1993

673

SB 115. By Senators Henson of the 55th, Parrish of the 43rd and Dawkins of the 45th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing.
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 231. By Representative Poston of the 3rd:
A resolution commending Kevn Kinney, Tim Nielsen, Jeff Sullivan and Buren Fowler.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 1. By Senators Oliver of the 42nd, Garner of the 30th, Thompson of the 33rd and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide for child fatality review subcommittees and their duties, meetings, records, reports, disclosures, and liability.
Referred to the Committee on Judiciary.
SB 2. By Senators Oliver of the 42nd, Marable of the 52nd, Robinson of the 16th and others:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to access to reports of child abuse, so as to change which per sons or entities may have such access.
Referred to the Committee on Judiciary.
SB 3. By Senators Oliver of the 42nd, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to temporary transfers of custody of children found to be deprived; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others; to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony of criminal defendants.
Referred to the Committee on Judiciary.
SB 16. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to provide for the display of registration decals on both sides of a vessel; to repeal certain provisions relating to a horsepower limitation on Lake Tugalo; to provide for a horsepower limitation on a por tion of the Chattahoochee River; to provide an effective date.
Referred to the Committee on Game, Fish & Parks.

674

JOURNAL OF THE HOUSE,

SB 26. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to the provision of financial assistance for agencies placing hard-to-place children; to revise the provisions relating to the circumstances and terms of payment.
Referred to the Committee on Children & Youth.

SB 62. By Senators Henson of the 55th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provi sions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 106. By Senators Turner of the 8th, Robinson of the 16th, Broun of the 46th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to pro vide that it shall be unlawful to transact a mortgage lending or brokerage business without a license.
Referred to the Committee on Banks & Banking.

SB 115. By Senators Henson of the 55th, Parrish of the 43rd and Dawkins of the 45th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing.
Referred to the Committee on Health & Ecology.

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 600 Do Pass, by Substitute
Respectfully submitted, /a/ Thomas of the 100th
Chairman

Representative Jenkins of the 110th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority
to HB 696.

TUESDAY, FEBRUARY 16, 1993

675

The following communication was received:

House of Representatives Legislative Office Building, Room 604
Atlanta, Georgia 30334
February 4, 1993

The Honorable Thomas B. Murphy Speaker House of Representatives 332, State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
Within the past nine months, I have initiated a new multi-national marketing pro gram. A critical element in this business relies on Trade Exhibits. From February 16, 1993 through February 25, 1993, I will need to be out of the country and away from our Legisla ture.
Please know that my absence is absolutely required for the well-being of my continued business and livelihood.
Thank you for your understanding in this matter.
Respectfully, /s/ John D. Dickinson
JD:bs
cc: Mr. Robbie Rivers, House Clerk Mr. Paul Lynch, Fiscal Officer Honorable Buddy Childers Honorable Carlton Colwell Honorable Dick Lane

The following Resolution of the House was read and referred to the Committee on Rules:

HR 256. By Representatives Mann of the 5th, Joyce of the 1st, Davis of the 60th, Bordeaux of the 151st, Perry of the llth and others:
A resolution relative to the use of cliches from the well of the House of Rep resentatives.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 362. By Representatives Bates of the 179th, Lane of the 55th and Yeargin of the 90th:
A bill to revise comprehensively the authority of counties and municipal cor porations relating to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, and tax payments, so as to remove an incor rect cross-reference.

676

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To revise comprehensively the authority of counties and municipal corporations relat ing to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Geor gia Annotated, relating to registration, reports, tax payments, tax assessments, and penal ties for certain cigar and cigarette taxes, so as to remove an incorrect cross-reference; to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to strike provisions relating to business and occupational license taxes and fees imposed by counties; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to remove certain limitations on such taxes for certain named occupations and professions; to authorize counties and municipal corporations to classify and tax businesses and practi tioners of professions and occupations located in a single jurisdiction or more than one jurisdiction and certain businesses and practitioners with no location in the state; to pro vide for exemptions and reductions; to authorize regulatory fees in certain circumstances; to provide for criteria for classification for taxation; to provide for administrative fees; to prohibit certain criteria and methods of taxation; to provide for classification of businesses with more than one type of service or product; to provide for confidentiality; to renumber certain Code sections; to correct cross-references to renumbered Code sections; to change provisions relative to taxation of businesses commencing on or after July 1; to clarify license posting; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-18, relating to management of real estate brokering firms and licensed affiliates, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection to read as follows:
"(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Sec tion 48-W-6 48-13-17."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-40-23, relating to the applicability of county or municipal license, occupational, or pro fessional taxes, and inserting a new section to read as follows:
"43-40-23. No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48-13-6 48-13-17."
Section 3. Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments, tax assessments, and penalties for certain cigar and cigarette taxes, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows:
"(d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-2, 48-10-16, 48-13-10, and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers."
Section 4. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-1-22, relating to business and occupational license taxes and fees imposed by counties, and inserting the following:

TUESDAY, FEBRUARY 16, 1993

677

"36-1-22. Reserved."
Section 5. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, is amended by striking in its entirety Code Section 48-13-5, relating to levy of license, occupation, or professional tax by counties and municipalities, and inserting new Code sections to be numbered 48-13-5 through 48-13-16 as follows:
"48-13-5. As used in this article, the term: (1) 'Administrative fee' means a component of an occupation tax which approxi
mates the reasonable cost of handling and processing the occupation tax. (2) (A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Sec tion 1563(a)(l), or between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2); and (iv) Payments made to a subcontractor or an independent agent.
(3) 'Location or office' shall not include a temporary work site which serves a sin gle customer or project.
(4) 'Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by a local government as a revenue-raising ordinance or resolution.
(5) 'Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax.
(6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profes sion, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or con ditions of zoning or land development. 48-13-6. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorporated part of the county and to provide for the pun ishment of violation of such a local ordinance or resolution. The governing authority of each county is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practi tioners. This article supersedes any provision of local law authorizing such taxes. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punish ment of violation of such a local ordinance or resolution. The governing authority of each municipal corporation is authorized to classify businesses and practitioners of pro fessions and occupations and to assess different taxes on different classes of businesses

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and practitioners. This article supersedes any provision of local law or city charter authorizing such taxes.
48-13-7. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punish ment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the unincorporated part of the county for the purpose of soliciting business or serving cus tomers or clients; or
(2) Owns personal or real property which generates income and which is located in the unincorporated part of the county.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punish ment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the corporate limits for the purpose of soliciting business or serving customers or clients; or
(2) Owns personal or real property which generates income and which is located in the corporate limits.
(c) This article supersedes any provisions of local law or city charter authorizing such taxes.
(d) Local governments levying occupation tax according to this Code section shall comply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a business or practitioner for purposes of this Code section shall include only those gross receipts reasonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ratios shall apply only to types of business transacted within this state.
(e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the municipal corporation or county in which the largest dollar volume of business is done or service is performed by the individual business or practitioner.
(f) If a business or practitioner subject to this Code section provides to the local gov ernment in this state which is authorized to levy occupation tax on such business or practitioner proof of payment of a local business or occupation tax in another state which purports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state.
48-13-8. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on busi nesses and practitioners of professions and occupations doing business in the unincorpo rated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law authorizing such regulatory fees.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on
businesses and practitioners of professions and occupations doing business within the corporate limits and to provide for the punishment of violation of such a local ordinance
or resolution. This article supersedes any provision of local law or city charter authoriz ing such fees.
48-13-9. (a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government cus
tomarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare or in the
course of enforcing a state or local building, health, or safety code.

TUESDAY, FEBRUARY 16, 1993

679

(b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited to, the following:
(1) Building and construction contractors, subcontractors, and workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses; (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; and

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(20) Any other business, profession, or occupation for which state licensure or regis tration is required by state law, unless the state law regulating such business, profes sion, or occupation specifically allows for regulation by local governments, (d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments. 48-13-10. (a) In determining the amount of occupation tax to be levied on an indi vidual business or practitioner, local governments shall classify a business or practitioner by one of the following criteria:
(1) The number of employees of the business or practitioner; (2) Profitability ratio for the type of business, profession, or occupation as mea sured by nation-wide averages derived from statistics, classifications, or other informa tion published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; or (3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information pub lished by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States. (b) Local governments which classify businesses and practitioners by the criterion
described in paragraph (3) of subsection (a) of this Code section are authorized to limit the geographic area in which gross receipts shall be taxed to that local government's
jurisdiction. (c) Local governments which classify by the criteria described in paragraph (2) or (3)
of subsection (a) of this Code section shall rank the businesses and practitioners accord
ing to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish classifications which do
not overlap before setting the rate of taxation for each classification. Such local govern ments are not authorized to apply to any classification a rate of taxation greater than the rate applied to another classification which includes a business or practitioner with
a higher profitability ratio. (d) The occupation tax may include an administrative fee.
(e) Local governments may by ordinance or resolution provide for an exemption or reduction in occupation tax to one or more types of businesses or practitioners of occu pations or professions as part of a plan for economic development or attracting or
encouraging selected types of businesses or practitioners of selected occupations or pro fessions. Such exemptions or reductions in occupation tax shall not be arbitrary or capri
cious. 48-13-11. In determining the amount of occupation tax to be levied on an individual
business or practitioner, local governments shall not use the following criteria or meth
ods: (1) Dividing a business into its constituent parts and imposing a separate occupa
tion tax on each part or portion of the business, except that businesses or practition ers with more than one type of activity or product shall be taxed in accordance with
Code Section 48-13-12; (2) The size or square footage of the space occupied by the business or practi
tioner; or (3) Any criterion other than those described in Code Section 48-13-10.
48-13-12. For businesses or practitioners with more than one type of service or
product, the following classification rules shall apply: (1) Local governments which do not use the criterion described in paragraph (3)
of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner
for occupation tax purposes according to the dominant service or product; and (2) Local governments which use the criterion described in paragraph (3) of sub
section (a) of Code Section 48-13-10 shall set out in their local ordinances or resolu tions for occupation taxes whether the local government will:
(A) Classify the entire gross receipts by dominant service or product; or (B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of

TUESDAY, FEBRUARY 16, 1993

681

the gross receipts according to the profitability ratio for that particular type of busi ness and adding the tax for all portions to arrive at the total occupation tax.
48-13-13. In levying occupation tax, local governments are not authorized to: (1) Require a business or practitioner to pay more than one occupation tax for
each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12;
(2) Levy occupation tax on more than 100 percent of the total gross receipts of the business or practitioner, when occupation taxes of all local governments are added together; or
(3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a munici pality or county of the state. 48-13-14. (a) In levying occupation tax upon a business or practitioner with a loca tion or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts of the business or practi tioner for occupation tax purposes in accordance with one of the following methods:
(1) Where the dollar amount of gross receipts of the business or practitioner can
be allocated to one or more of the locations or offices on the basis of product manu factured in that location or office or service provided for compensation in that location
or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or
(2) Where the dollar amount of gross receipts cannot reasonably be allocated
among multiple locations or offices, the total gross receipts shall be divided by the number of locations or offices of the business or practitioner, and an equal percentage
of the total gross receipts of the business or practitioner shall be allocated to each location or office.
(b) In no instance shall the sum of the portions of the total gross receipts of a busi ness or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner.
(c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following:
(1) Financial information necessary to allocate the gross receipts of the business or practitioner; and
(2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments.
(d) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection
(a) of Code Section 48-13-10, local governments which use the criterion described in par agraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code
section, and local governments which use the number of employees as a criterion for tax ation are authorized to tax the number of employees who are employed within the local
government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the munici pal corporation or county in which the employee works for the longest period of time
within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occu pation tax.
48-13-15. (a) Except as provided in subsection (b) of this Code section, information
provided to a local government by a business or practitioner of an occupation or profes sion for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of
Chapter 18 of Title 50.

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(b) Information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the pur pose of collection of occupation tax or prosecution for failure or refusal to pay occupa tion tax.
48-13-16. (a) The following businesses or practitioners shall be exempt from occu pation tax, registration fees, or regulatory fees according to the provisions of this article:
(1) Those businesses regulated by the Georgia Public Service Commission;
(2) Those electrical service businesses organized under Chapter 3 of Title 46; and (3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. (b) This article shall not be construed to repeal other provisions of general law relat ing to local governments' occupation tax, registration fees, or regulatory fees for busi nesses or practitioners of professions or occupations.", by striking in their entirety Code sections formerly designated as Code Sections 48-13-6 through 48-13-17, and inserting new Code sections to be numbered 48-13-17 through 48-13-29, so that the remaining Code sections in the article read as follows: "48 13-6. 48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupa tion, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupa tion, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county. 48-13-7. 48-13-18. (a) When otherwise authorized by law to levy business license fees and occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy the fees ael taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code section shall not be construed to
repeal any express limitations on such municipal authority contained in general law. (b) Nothing contained in this Code section shall be construed to authorize the
municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission of this state.
48-13-8. 48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being
employed within the limits of the municipality. (b) Nothing contained in this Code section shall be construed to prohibit a munici
pality, when otherwise authorized, from levying any form of tax ef license fee being
levied by any municipality in this state on January 1, 1980. 48-13-0. 48-13-20. A county governing authority by order or resolution may regulate
and impose a license fee not to exceed $1,000.00 per year upon each carnival, circus,
road show, tent show, or any other itinerant show or entertainment located or held within the county and outside the corporate limits of a municipality.

TUESDAY, FEBRUARY 16, 1993

683

48-13"10. 48-13-21. (a) It shall be unlawful for any person to hold, operate, or con duct any show or entertainment described in Code Section 48-13-0 48-13-20 without having obtained a license or permit, when required, from the county governing authority.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating, or conducting the show or entertain ment shall be deemed a separate offense.
48-13-10.1. 48-13-22. (a) As used in this Code section, the term 'wrecker service' means any person, firm, partnership, or corporation which is engaged solely or partially in the business of towing wrecked or disabled vehicles.
(b) No county which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the unincorporated area of such county or generates 50 percent of its gross income from business within the unincorporated area of such county.
(c) No municipality which is authorized to impose a business license fee or occupa
tional tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the incorporated
area of such municipality or generates 50 percent of its gross income from business within the incorporated area of such municipality.
(d) Subsections (b) and (c) of this Code section shall not prohibit counties or munici palities from enacting otherwise valid ordinances which regulate the manner in which wrecker services shall operate within their jurisdictions.
48-13-11. 48-13-23. All license^ fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall
be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the tax shall be due and payable on the date of the commencement of the business.
48-13-12. 48-13-24. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee,
the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 per cent of the tax or fee due.
48-13-13. 48-13-25. When any person commences business on or after July 1 in any
year, the regulatory fee and the business^ license, or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire yeart except that (1) local governments which tax according to the criterion described in paragraph
(3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the
business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (d) of Code Section 48-13-10 shall not be reduced.
48-13-14. 48-13-26. Each person subject to any special or occupation tax who is also
licensed by the state shall post the state license in a conspicuous place in his the licensee's place of business and shall keep the license there at all times while the license remains valid.
48-13-16. 48-13-27. In any provision of this chapter where population controls the
amount of tax or license fee to be paid, the most recent United States decennial census shall govern.
48-13-16. 48-13-28. When a nulla bona entry has been entered by proper authority
upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be
allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been
made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges
due him or her as though he or she had never defaulted in the payment of the tax. 48 13-17. 48-13-29. (a) In addition to the other remedies available to the state,
counties, and municipalities for the collection of special taxes, occupation taxes, and

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license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collec tion of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due.
(b) The right of the state, counties, and municipalities to criminally prosecute per sons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsec tion (a) of this Code section."
Section 6. This Act shall become effective on January 1, 1995.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Teper of the 61st moves to amend the Committee substitute to HB 362 as follows:
Page 16 strike lines 29 and 30.

Representatives Turnquest of the 73rd and Mobley of the 69th move to amend the Committee substitute to HB 362 as follows:
On page 11 line 27 add - said computation shall exempt the first $200,000.00 of gross income. The occupation tax on the first $200,000.00 shall be the same as allowed by law on January 1, 1993.

The following amendment was read:

Representatives Skipper of the 137th and Watson of the 139th move to amend the Committee substitute to HB 362 by inserting immediately following line 14 of page 6 the following:
"(c) Any other provision of this article to the contrary notwithstanding, the occupation tax authorized by this Code section may be levied on any business or profession regulated pursuant to Title 43 or to Chapter 19 of Title 15 in an amount up to $400.00 per annum."

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

YAshe N Atkins Y Bailey Y Baker Y Bannister N Barfoot
Bargeron
Y Barnes N Bates Y Benefield N Birdsong Y Bordeaux
Y Bostick Y Breedlove N Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter

YByrd Y Campbell Y Canty N Carlisle Y Carrell Y Carter N Cauthorn Y Chambless N Chandler N Channell Y Childers N Clark N Coker Y Coleman.B
Coleman.T N Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth

N Cummings Y Davis.G Y Davis.M E Dickinson
YDix Y Dixon,H
Dixon,S N Dobbs Y Dover N Ehrhart NEpps Y Evans Y Felton N Floyd,J.M Y Floyd,J.W
N Godbee N Golden
Y Goodwin Y Greene Y Groover Y Hammond

Y Hanner Y Harris,B Y Harris.M YHart N Heard N Hegstrom
N Hembree Y Henson Y Holland N Holmes
N Howard Y Hudson
Y Hughes Y Hugley Y James N Jamieson Y Jenkins
Y Johnson,D.H Y Johnson,E Y Johnson.G N JohnsontJ

N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein YLadd NLakly N Lane.D N Lane.R Y Lawrence N Lawson YLee Y Lewis NLord Y Lucas
Maddox YMann Y Martin N McBee N McClinton

TUESDAY, FEBRUARY 16, 1993

685

McKinney.B Y Milam N Mills Y Mobley.B
N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal Y Orrock N Padgett Y Parham Y Parrish N Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell E Randall Y Randolph YRay Y Reaves Y Reichert
N Roberts

Y Royal N Scoggins Y Shanahan Y Sherrill
N Shipp N Simpson Y Sinkfield N Skandalakis
Y Skipper N Smith.C Y Smith.L N Smith,P Y Smith.T Y Smith,V
Y Smith.W

Y Smyre YSnow Y Stancil.F Y Stancil.S N Stanley.L N Stanley,? Y Stephenson
Stieat Y Taylor Y Teague
N Teper Y Thomas.C Y Tillman
Y Titus N Towery

On the adoption of the amendment, the ayes were 111, nays 59. The amendment was adopted.

Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker N Wall Y Watson
N Watts E Westmoreland N White Y Williams.B Y William8,R Y Yates N Yeargin
Murphy,Spkr

Representative Bates of the 179th moved that the House reconsider its action in adopting the Skipper amendment.

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

N Ashe Y Atkins
N Bailey Y Baker N Bannister Y Barfoot
Bargeron N Barnes
Y Bates N Benefield Y Birdsong N Bordeaux N Bostick N Breedlove Y Brooks,D N Brooks.T N Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle
N Carrell
Carter Y Cauthorn N Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker N Coleman.B
Coieman.T

Y Colwell N Connell NCox N Crawford N Crews N Culbreth Y Cummings Y Davis.G N Davis.M E Dickinson NDix N Dixon.H
Dixon.S Y Dobbs N Dover Y Ehrhart YEpps N Evans N Felton Y Floyd,J.M N Floyd.J.W Y Godbee Y Golden N Goodwin
Greene N Groover N Hammond N Hanner N Harris,B N Harris.M NHart Y Heard Y Hegstrom Y Hembree N Henson
N Holland

Y Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins N Johnson,D.H N Johnson,E N Johnson,G N Johnson,J N Johnston N Jones N Joyce YKaye N Kinnamon N Klein NLadd Y Lakly Y Lane,D Y Lane.R N Lawrence Y Lawson NLee N Lewis YLord N Lucas
Maddox N Mann N Martin Y McBee N McClinton N McKinney,B NMilam N Mills

N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller N Oliver N O'Neal Y Orrock Y Padgett N Parham N Parrish Y Patten N Pelote N Perry N Pinholster NPoag N Potak N Porter N Poston N Powell N Purcell E Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan N Sherrill Y Shipp Y Simpson N Sinkfield N Skandalakis N Skipper

Y Smith.C N SmithJL Y Smith.P N Smith.T N Smith,V N Smith.W N Smyre N Snow N Stancil,F N Stancil.S
Stanley,L N Stanley,? N Stephenson N Streat N Taylor N Teague Y Teper N Thomas.C N Tillman Y Titus Y Towery N Trense N Turnquest N Twiggs N Vaughan N Walker Y Wall N Watson Y Watts E Westmoreland
White N Williams,B N Williams.R
N Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 50, nays 118. The motion was lost.

Representative Yeargin of the 90th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lane of the 55th moved to reconsider the previous question.

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The motion prevailed.

Representative Bates of the 179th moved that HB 362 be recommitted back to the Committee on State Planning and Community Affairs.
The motion prevailed.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, FEBRUARY 16, 1993

687

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 265. By Representative Brooks of the 54th: A resolution expressing regret at the passing of former United States Supreme Court Justice Thurgood Marshall.
HR 266. By Representatives Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Cauthorn of the 35th, Barnes of the 33rd and others: A resolution commending and recognizing the Junior League of CobbMarietta on the occasion of their 60th anniversary.
HR 267. By Representatives Parrish of the 144th, Godbee of the 145th and Groover of the 125th: A resolution in remembrance of Mr. R. G. Daniell.
HR 268. By Representative Godbee of the 145th: A resolution recognizing and commemorating the fiftieth anniversary of tech nical and adult education in Georgia.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 383. By Representatives Williams of the 114th and Padgett of the 119th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to fraternal benefit societies.
The following amendment was read and adopted:
The Committee on Insurance moves to amend HB 383 by striking "Except as pro vided in this Code section" from line 18 of page 25 and inserting in its place:
"Except as otherwise provided in this chapter". By striking "Article 2 of Chapter 1 of this title" from lines 16 and 17 of page 28 and inserting in their place: "Code Section 33-8-1".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

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HB 497. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trustees of such fund to grant postretiremen! benefit increases when actuarially feasible.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trustees of such fund to grant postretirement benefit increases when actuarially feasible; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, is amended by inserting at the end thereof the following:
"47-17-26. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) An initial increase may be granted pursuant to subsection (a) of this Code sec tion to become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 Vi percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Sec tion 47-17-80."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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689

HB 502. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases; to authorize such board of trustees to grant prospective retirement benefit increases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by inserting immediately follow ing Code Section 47-16-28 the following:
"47-16-29. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) An initial increase may be granted pursuant to subsection (a) of this Code section to become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 Vi percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Sec tion 47-16-101."
Section 2. Said chapter is further amended by striking in its entirety Paragraph (1) of Subsection (a) of Code Section 47-16-101, relating to retirement benefits and options under such fund and matters related thereto, and inserting in lieu thereof the following:
"(1) Option One shall be known as a 'single life annuity' and shall provide retire ment benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $204.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $204.00 per month, plus $51.00 per month for each additional year of service so credited to the member^ and; in the event the member shall have additional service credit not totaling a full year, the further sum of onetwelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the mem ber; provided that in no case shall such benefits exceed $1,530.00 per month; provided,

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further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the
standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Sec tion 47-16-101."
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 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 173. By Representatives Pelote of the 149th, Lane of the 55th, Smith of the 12th, Johnson of the 153rd, Mobley of the 86th 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 prohibit certain price increases for certain goods when there is a declared state of emergency.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit certain price increases for certain goods when there is a declared state of emergency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 31 to read as fol lows:
"ARTICLE 31
10-1-850. In any area in which there is a declared state of emergency, as defined in Code Section 38-3-3, it shall be unlawful, unfair, and deceptive for any person, firm, or corporation doing business in the area where a state of emergency exists to increase the retail price of any goods necessary to preserve, protect, or sustain the life, health, or safety of persons or their property above the price at which such goods were sold or offered for sale immediately preceding such state of emergency for a period not to exceed 30 days, except insofar as such price increase is a direct result of the increased cost of such goods to the retailer or the increased cost of transportation of such goods into such area."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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691

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 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 484. By Representatives Williams of the 114th, Padgett of the 119th, Connell of the 115th, Shipp of the 38th and Towery of the 30th:
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 that, with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 484 by striking lines 7 through 11 of page 1 and inserting in lieu thereof the following:
"Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, so as to provide a description of certain special employee groups and allow policies of group life insurance to be issued to such groups; to provide that certain corporations or the trustees of certain trusts may designate the beneficiary under certain types of group life insurance policies; to provide for the applicability of requirements to certain types of group life insurance policies issued to corporations or trusts; to".
By striking lines 1 through 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, is amended by adding at the end of Code Section 33-27-1, relat ing to group requirements generally, a new paragraph (9) to read as follows:
'(9) SPECIAL EMPLOYEE GROUPS. A corporation or a trustee of a trust estab lished by a corporation which has an insurable interest in employees pursuant to sub section (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to paragraph (4) or (5) of Code Section 33-24-6 may establish an employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to pro vide supplemental funding for such employee benefit plans.'
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 33-27-3, relating to required provisions of group life insurance policies, and inserting in its place a".
By striking lines 1 and 2 of page 8 and inserting in lieu thereof the following:
"Section 5. Said chapter is further amended by adding at the end of subsection (b) of Code Section 33-27-3, relating to required provisions of group life insurance policies, a new paragraph (4) to read as follows:
'(4) The provisions of paragraphs (6), (7), (8), (9), and (10) of subsection (a) of this Code Section shall not apply to policies issued to a corporation or trustee of a trust pursuant to subsection (9) of Code Section 33-27-1.'

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Section 6. All laws and part 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.
On the passage of the Bill, as amended, the ayes were 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 149. By Representatives Chambless of the 163rd, Thomas of the 100th and Hammond of the 32nd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain defini tions relating to corporations; to add a definition of the term "treasury shares".

The following Committee 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 change certain definitions relating to corporations; to add a definition of the term "treasury shares"; to change the provisions relating to pub lication of notices of intent to file articles of incorporation; to change the provisions relat ing to corporate bylaws; to change the provisions relating to issuance of snares; to change the provisions relating to shareholders' preemptive rights; to change the provisions relating to court-ordered meetings; to change the provisions relating to actions without meetings; to change the provisions relating to duties of officers; to change the provisions relating to the authority of the chief executive officer or president of a corporation; to change the provisions relating to elimination of a board of directors; to change the provisions relating to restated articles of incorporation; to change the provisions relating to amendment of bylaws by the board of directors or shareholders of a corporation; to change the provisions relating to bylaws increasing quorums or voting requirements for shareholders; to change the provisions relating to action on a plan of merger or share exchange; to change the pro visions relating to publication of notices of merger or share exchange; to provide for a defi nition of the term "corporate action" relative to dissenters' rights; to change the provisions relating to notice of dissenters' rights; to change the provisions relating to offers of pay ment of dissenters; to change the provisions relating to the procedure if a shareholder is dissatisfied with a payment or offer; to change the provisions relating to court action; to change the provisions relating to publication of notice of intent to dissolve; to change the provisions relating to grounds for administrative dissolution; to change the provisions relating to the requirement of authority for a foreign corporation to transact business; to change the provisions relating to resignation of a registered agent of a foreign corporation; to change the provisions relating to annual registration and the requirements related thereto; to change the provisions relating to application of Chapter 2 of Title 14 to certain corporations; to change the provisions relating to saving provisions; to change the provi sions relating to merger or consolidation of corporations incorporated by the Secretary of State; to change the provisions relating to merger or consolidation of corporations chartered by the Secretary of State with domestic corporations incorporated under Chap ter 2 of Title 14; to change the provisions relating to merger or consolidation of corpora tions chartered by the Secretary of State with foreign corporations; to change the provisions relating to rights of a stockholder to dissent from merger or consolidation and demands for payment of value of stock; to repeal certain provisions relating to arbitration of the value of stock in corporations chartered by the Secretary of State; to provide for an assistant corporation commissioner and the powers, duties, and authority thereof; to make certain stylistic changes; to repeal conflicting laws; and for other purposes.

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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 striking Code Section 14-2-140, relat ing to Code definitions, and inserting in lieu thereof a new Code Section 14-2-140 to read as follows:
"14-2-140. As used in this chapter, the term: (1) 'Articles of incorporation' include amended and restated articles of incorpora
tion and articles of merger. (2) 'Authorized shares' means the shares of all classes a domestic or foreign corpo
ration is authorized to issue. (3) 'Conspicuous* means so written that a reasonable person against whom the
writing is to operate should have noticed it. For example, printing in italics or bold face or contrasting color or typing in capitals or underlined is conspicuous.
(4) 'Corporation' or 'domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this chap ter.
(5) 'Deliver' includes mail. (6) 'Distribution' means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) 'Effective date of notice' is defined in Code Section 14-2-141. (8) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (9) 'Entity' includes corporation and foreign corporation; nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; and state, United States, and foreign government. (10) 'Foreign corporation' means a corporation for profit incorporated under a law other than the law of this state. (11) 'Governmental subdivision' includes authority, county, district, and municipal ity. (12) 'Includes' denotes a partial definition. (13) 'Individual' includes the estate of an incompetent or deceased individual. (14) 'Mail' means the United States mail. (15) 'Means' denotes an exhaustive definition. (16) 'National securities exchange' means any securities exchange or securities quo tation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 or any succes sor provision. (17) 'Notice' is defined in Code Section 14-2-141. (18) 'Person' includes individual and entity.
(19) 'Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign cor poration are located.
(20) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action.
(21) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed.
(22) 'Secretary' means the corporate officer to whom the board of directors has del egated responsibility under subsection (c) of Code Section 14-2-840 for custody of the

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minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation.
(23) 'Shares' means the units into which the proprietary interests in a corporation are divided.
(24) 'Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102.
(25) 'Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.
(26) 'State,' when referring to a part of the United States, includes a state and com monwealth (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States.
(27) 'Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation.
(28) 'Treasury shares' means shares of a corporation which have been issued and which subsequently have been acquired by the corporation if the articles of incorpora tion of such corporation provide that shares so acquired become treasury shares. Trea sury shares shall be deemed to be issued shares, but not outstanding shares.
{28) (29) 'United States' includes district, authority, bureau, commission, depart ment, and any other agency of the United States.
{29} (30) 'Voting group' means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group."
Section 2. Said title is further amended by striking Code Section 14-2-201.1, relat ing to publication of notice of intent to file articles of incorporation, and inserting in lieu thereof a new Code Section 14-2-201.1 to read as follows:
"14-2-201.1. (a) Together with the articles of incorporation, the incorporator or incorporators shall deliver to the Secretary of State a certificate executed fey a incorporotor, of ftfty person undertaking such request oft behalf of the corporation, vcniymg that the request for publication an undertaking (which may appear in the articles of incorporation or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation) to publish of- a notice of the filing of intent te file the articles of incorporation and payment therefor have feee md as required by subsection (b) of this Code section.
(b) Prior to No later than the next business day after filing the articles of incorpora tion, the incorporator shall deliver to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF INTENT TO INCORPORATE INCORPORATION
Notice is given that articles of incorporation which wiU incorporate (name of corporation) w4H be have been delivered
to the Secretary of State for filing in accordance with the Georgia Business Corpora tion Code. The initial registered office of the corporation will be is located at _______________________ (address of registered office) and its initial reg istered agent at such address is ___________________________ (name of agent).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days

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695

after receipt of the notice by the newspaper. Failure on the part of the incorporator to deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the incorporation of the corporation or the filing of the articles of incorporation."
Section 3. Said title is further amended by striking subsection (a) of Code Section 14-2-206, relating to bylaws, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation. Bylaws adopted by the incorporators or board of directors prior to or contemporaneously with the issuance of any of the corporation's shares shall constitute bylaws adopted by the shareholders for all purposes of this chapter."
Section 4. Said title is further amended by striking subsection (c) of Code Section 14-2-621, relating to issuance of shares, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Before the corporation issues shares, the board of directors must determine that the consideration received or to be received for shares to be issued is adequate. That determination by the board of directors is conclusive insofar as the adequacy of consid eration for the issuance of shares relates to whether the shares are validly issued, fully paid, and nonassessablej and the authorization by the board of directors of the issuance of shares constitutes such determination."
Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 14-2-630, relating to shareholders' preemptive rights, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The shareholders of a corporation all corporations (other than a corporation &i6Ctift stfttutory close corporfttion stfttusj IOPIUGCL Qttcr July T^ lyoy, otiisr tiifln trios6 described in subsection (b) of this Code section, do not have a preemptive right to acquire the corporation's unissued or treasury shares, if any, except to the extent the articles of incorporation so provide.
(b) AH corporations m existence ea Jaly 1; 1080, and aH corporations electing statutery elese corporation status The shareholders of the following corporations shall have preemptive rights as provided in subsection (c) of this Code section, unless tfeeif the articles of incorporation expressly provide otherwiser:
(1) Corporations electing statutory close corporation status; and (2) Corporations in existence on July 1^ 1989, whose:
(A) Shareholders had such rights as of that date; or (B) Articles of incorporation have been restated or amended on or after July 1, 1989, with notice to the shareholders that such restatement or amendment would cause the shareholders of the corporation to have preemptive rights."
Section 6. Said title is further amended by striking subsection (a) of Code Section 14-2-703, relating to court-ordered meetings, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The superior court of the county where a corporation's registered office is located may summarily order a meeting to be held:
(1) On application of any shareholder of the corporation entitled te participate a annual meeting if an annual meeting was not held within the earlier of six months after the end of a fiscal year of the corporation or 15 months after its last annual meeting; or
(2) On application of a shareholder who signed a demand for a special meeting valid under Code Section 14-2-702, if:
(A) Notice of the special meeting was not given within 30 days after the date the demand was delivered to the corporation's secretary; or
(B) The special meeting was not held in accordance with the notice."
Section 7. Said title is further amended by striking subsection (b) of Code Section 14-2-704, relating to action without a meeting, and inserting in lieu thereof a new subsec tion (b) to read as follows:

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"(b) No written consent signed under this Code section shall be valid unless: (1) The consenting shareholder has been furnished the same material that, under
this chapter, would have been required to be sent to shareholders in a notice of a meeting at which the proposed action would have been submitted to the shareholders for action, including notice of any applicable dissenters' rights as provided in Code occtions oGCLion I4~^~io^u &DU i4~aTMiojij or
(2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished."
Section 8. Said title is further amended by striking subsection (b) of Code Section 14-2-722, relating to proxies, and inserting in lieu thereof a new subsection (b) and by add ing at the end of said Code section a new subsection (i) to read as follows:
"(b) A shareholder may appoint a proxy te vete e* otherwise act for hw by signing a appointment form, ei&er personally er by his attorney fact by executing a writing which authorizes another person or persons to vote or otherwise act on the shareholder's behalf. Execution may be accomplished by any reasonable means, including facsimile telecommunication, either personally or by an attorney in fact in the case of an individ ual shareholder or b^ an authorized officer, director, employee, or agent in the case of any other shareholder. Any copy, facsimile telecommunication, or other reliable repro duction of such writing or transmission may be substituted or used in lieu of the original writing or transmission for any and all purposes for which the original writing or trans mission could be used, provided that such copy, facsimile telecommunication, or other reproduction shall be a complete reproduction of the entire original writing or transmis sion."
"(i) A corporation may adopt bylaws authorizing additional means or procedures for shareholders to exercise rights granted by this Code section."
Section 9. Said title is further amended by striking Code Section 14-2-841, relating to duties of officers, and inserting in lieu thereof a new Code Section 14-2-841 to read as follows:
"14-2-841. Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by direction of an officer authorized by the board of directors to prescribe the duties of other officers. Unless the articles of incorporation, bylaws, or a resolution of the board of directors of a corporation provide otherwise, the chief execu tive officer (or the president if no person has been designated as chief executive officer) of a corporation shall have authority to conduct all ordinary business on behalf of such corporation and may execute and deliver on behalf of a corporation any contract, con veyance, or similar document not requiring approval by the board of directors or share holders as provided in this chapter."
Section 10. Said title is further amended by striking subsection (c) of Code Section 14-2-922, relating to elimination of a board of directors, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) While a corporation is operating without a board of directors as authorized by subsection (a) of this Code section:
(1) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the sharehold ers;
(2) Unless the articles of incorporation, bylaws approved by the shareholders, or agreements among the shareholders provide otherwise:
(A) Action requiring director approval or both director and shareholder approval is authorized if approved by the shareholders; and
(B) Action requiring a majority or greater percentage vote of the board of direc tors is authorized if approved by the majority or greater percentage of the votes of shareholders entitled to vote on the action; (3) Those shareholders in whom the discretion or the powers of the board are vested are liable for the liability imposed by law upon directors;

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(4) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of direc tors is satisfied by a statement that the corporation is a statutory close corporation without a board of directors and that the action was approved by the shareholders;
ftftQ
(5) The shareholders by resolution may appoint one or more shareholders to sign documents as 'designated directors;'; and
(6) Unless the context clearly requires otherwise, the shareholders of the corpora ttiSo?n--sh-- all be -- dee--me--d --to ~b~e d--i--re--ct--or--s f~o~r purposes o~f applying pr--ov--is--io--ns--o~f t--h--is chap-

Section 11. Said title is further amended by striking subsections (d) and (f) of Code Section 14-2-1007, relating to restated articles of incorporation, and inserting in lieu thereof new subsections (d) and (f) to read as follows:
"(d) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth including, or accompanied by a certificate setting forth, the following information:
(1) Whether the restatement contains an amendment to the articles requiring shareholder approval, and, if it does not, that the board of directors adopted the restatement; or
(2) If the restatement contains an amendment to the articles requiring shareholder approval, the information required by Code Section 14-2-1006." "(f) The Secretary of State may certify restated articles of incorporation as the arti cles of incorporation currently in effect without including the any certificate information required by filed pursuant to subsection (d) of this Code section."
Section 12. Said title is further amended by adding at the end of Code Section 14-2-1020, relating to amendment of bylaws by the board of directors or shareholders, a new subsection (d) to read as follows:
"(d) Bylaws adopted by the incorporators or board of directors prior to the issuance of any of the corporation's shares may be amended by the incorporators or the board of directors prior to the issuance of any of the corporation's shares."
Section 13. Said title is further amended by striking subsection (b) of Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirements for shareholders, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as provided in Code Section 14-2-1020. 14-2-1113; or Gede Section 14-2-1133, a bylaw that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section may not be adopted, amended, or repealed by the board of directors."
Section 14. Said title is further amended by striking subsection (e) of Code Section 14-2-1103, relating to action on a plan of merger or share exchange, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Unless this chapter, the articles of incorporation, the bylaws, or the board of directors (acting pursuant to subsection (c) of this Code section) requires a greater vote or a vote by voting groups, the plan of merger or share exchange to be authorized must be approved by:
(1) A majority of all the votes entitled to be cast on the plan by all shares entitled to vote on the plan, voting as a single voting group; and
(2) A majority of all the votes entitled to be cast by holders of the shares of each voting group entitled to vote separately on the plan as a voting group by the articles of incorporation."
Section 15. Said title is further amended by striking Code Section 14-2-1105.1, relating to publication of notice of merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1105.1 to read as follows:

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"14-2-1105.1. (a) Together with the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall deliver to the Secretary of State certificate executed fey a officer ef- aaefe corporation, ef any persen undertaking saeh request en behalf ef the corporation, verifying an undertaking (which may appear in the articles or certificate of merger or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation) that the request for publication of a notice of intent te fite filing the articles or certificate of merger or share exchange and payment therefor have been will be made as required by subsection (b) of this Code section.
(b) Prier te No later than the next business day after filing the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the regis tered office of the surviving or acquiring corporation is to be locatedz if the surviving corporation will be required to maintain a registered office in Georgia, or which is a newspaper of general circulation published within such county whose most recently pub lished annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF (MERGER) (SHARE EXCHANGE)
Notice is given that articles or a certificate of (merger) (share exchange) which will effect a (merger) (share exchange) by and between _______________________ (name and state of incorporation of each of the constituent corporations) wffl be has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The name of the (surviv ing) (acquiring) corporation in the (merger) (share exchange) will fee is ________________________, a corporation incorporated in the State of ___________. The registered office of such corporation (is) (will be) located at
(address of registered office) and its regis tered (agent) (agents) at such address (is) (are) (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving or acquiring corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger or share exchange."
Section 16. Said title is further amended by striking Code Section 14-2-1301, relat ing to definitions relative to dissenters' rights, and inserting in lieu thereof a new Code Section 14-2-1301 to read as follows:
"14-2-1301. As used in this article, the term: (1) 'Beneficial shareholder' means the person who is a beneficial owner of shares
held in a voting trust or by a nominee as the record shareholder. (2) 'Corporate action' means the transaction or other action by the corporation
that creates dissenters' rights under Code Section 14-2-1302. {3} (3) 'Corporation' means the issuer of shares held by a dissenter before the cor
porate action, or the surviving or acquiring corporation by merger or share exchange of that issuer.
{3} (4) 'Dissenter' means a shareholder who is entitled to dissent from corporate action under Code Section 14-2-1302 and who exercises that right when and in the manner required by Code Sections 14-2-1320 through 14-2-1327.
44) (5) 'Fair value,' with respect to a dissenter's shares, means the value of the shares immediately before the effectuation of the corporate action to which the dis senter objects, excluding any appreciation or depreciation in anticipation of the corpo rate action.

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{6} (6) 'Interest' means interest from the effective date of the corporate action until the date of payment, at a rate that is fair and equitable under all the circum stances.
{} (7) 'Record shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.
W (8) 'Shareholder' means the record shareholder or the beneficial shareholder."
Section 17. Said title is further amended by striking subsection (b) of Code Section 14-2-1320, relating to notice of dissenters' rights, and inserting in lieu thereof a new sub section (b) to read as follows:
"(b) If corporate action creating dissenters' rights under Code Section 14-2-1302 is taken without a vote of shareholders, the corporation shall notify in writing all share holders entitled to assert dissenters' rights that the action was taken and send them the dissenters' notice described in Code Section 14-2-1322 no later than ten days after the corporate action was taken."
Section 18. Said title is further amended by striking subsections (a) and (c) of Code Section 14-2-1325, relating to offers of payment to dissenters, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
"(a) Except as provided in Code Section 14-2-1327, within ten days of the later of the date the proposed corporate action is taken or receipt of a payment demand, the corporation shall offer te pay by notice to each dissenter who complied with Code Sec tion 14-2-1323 offer to pay to such dissenter the amount the corporation estimates to be the fair value of his or her shares, plus accrued interest."
"(c) If the shareholder accepts the corporation's offer by written notice to the corpo ration within 30 days after the corporation's offer or is deemed to have accepted such offer by failure to respond within said 30 days, payment for his or her shares shall be made within 60 days after the making of the offer or the taking of the proposed corpo rate action, whichever is later."
Section 19. Said title is further amended by striking subsection (b) of Code Section 14-2-1327, relating to procedure if a shareholder is dissatisfied with a payment or offer, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A dissenter waives his or her right to demand payment under this Code section and is deemed to have accepted the corporation's offer unless he or she notifies the cor poration of his or her demand in writing under subsection (a) of this Code section within 30 days after the corporation offered payment for his or her shares, as provided in Code Section 14-2-1325."
Section 20. Said title is further amended by striking subsection (c) of Code Section 14-2-1330, relating to court action, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The corporation shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their shares. The corporation shall serve a copy of the petition in the proceeding upon each dissenting shareholder who is a resident of this state in the manner provided by law for the service of a summons and complaint, and upon each nonresident dissenting shareholder either by registered or certified mail ad or by publication, or in any other manner permitted by law."
Section 21. Said title is further amended by striking Code Section 14-2-1403.1, relating to publication of notice of intent to dissolve, and inserting in lieu thereof a new Code Section 14-2-1403.1 to read as follows:
"14-2-1403.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State a certificate executed t)y ftR OiliceF OF director of sucri corporation, or tiny person xindctt&Kift sucn request en behalf ef the corporation, verifying an undertaking (which may appear in the notice of intent to dissolve or be set forth in a letter or other instrument executed by

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an officer or any person authorized to act on behalf of such corporation) that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor have been will be made as required by subsection (b) of this Code sec tion.
(b) Pfief te No later than the next business day after filing the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the regis tered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of owner ship and circulation reflects a minimum of 60 percent paid circulation a request to pub lish a notice in substantially the following form:
'NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION
Notice is given that a notice of intent to dissolve (name of corporation), a Georgia corporation with
its registered office at ________________________ (address of registered office), wiH be has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.' The notice may also include the information specified in Code Section 14-2-1407. The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to pub lish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation."
Section 22. Said title is further amended by striking Code Section 14-2-1420, relat ing to grounds for administrative dissolution, and inserting in lieu thereof a new Code Sec tion 14-2-1420 to read as follows:
"14-2-1420. The Secretary of State may commence a proceeding under Code Section 14-2-1421 to dissolve a corporation administratively if:
(1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to file a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corpo ration; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution;
(2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due;
(3) The corporation is without a registered agent or registered office in this state for 60 days or more;
(4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; e*
(5) The corporation pays a fee as required to be collected by the Secretary of State pursuant to the Code by a check or some other form of payment which is dishonored and the corporation or its incorporator or its agent does not submit payment for said dishonored payment within 60 days from notice of nonpayment issued by the Secre tary of State; or
{6} (6) Any notice which is required to be published by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1 has not been published."
Section 23. Said title is further amended by striking subsection (b) of Code Section 14-2-1501, relating to requirement of authority for a foreign corporation to transact busi ness, and inserting in lieu thereof a new subsection (b) to read as follows:

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701

"(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section:
(1) Maintaining or defending any action or any administrative or arbitration pro ceeding or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities;
(5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; er (13) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state?; or (14) Acting as a general partner of a limited partnership organized under this title or qualified to do business within this state as a foreign limited partnership."
Section 24, Said title is further amended by striking subsections (b) and (c) of Code Section 14-2-1509, relating to resignation of a registered agent of a foreign corpora tion, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person hold ing a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed; en er before the date ef filing ef the statement.
(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also dis continued or the thirty-first day after the date on which the statement was filed."
Section 25, Said title is further amended by striking Code Section 14-2-1622, relat ing to annual registration for the Secretary of State, and inserting in lieu thereof a new Code Section 14-2-1622 to read as follows:
"14-2-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the corporation the employer identification number issued by the federal government, and the state or country under whose law it is incorporated;
(2) The street address and county of its registered office and the name of its regis tered agent at that office in this state;
(3) The mailing address of its principal office; and

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(4) The names and respective addresses of its chief executive officer, chief finan cial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subse quent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regu lations, of the following calendar years. (d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose arti cles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1^ of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. {4} (^ If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or for eign corporation 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."
Section 26. Said title is further amended by striking subsection (d) of Code Section 14-2-1701, relating to application of Chapter 2 of Title 14, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1989, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. If the articles of incorporation, charter, or bylaws of a corporation in existence on July lj 1989, contain any provisions that were authorized or permitted by the prior general corporation law of this state, that were validly adopted under the law in effect at the time of their adoption, and that are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall continue to be valid on and from that date, whether or not this chapter imposes requirements for the adoption of such provisions that are different from those in effect at the time the provisions were adopted."
Section 27. Said title is further amended by striking subsection (a) of Code Section 14-2-1703, relating to saving provisions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, the amendment or repeal of a statute by this chapter does not affect:
(1) The operation of the statute or any action taken under it before its repeal; (2) Any ratification, right, remedy, privilege, obligation, cause of action, liability, penalty, or action or special proceeding acquired, accrued, or incurred under the stat ute before its repeal except as provided in subsection (f) of Code Section 14-2-630, Code Section 14-2-1332, and Code Section 14-2-1407; but the same, as well as actions that are pending on July 1, 1989, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed; (3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) Transactions validly entered into before July 1, 1989, and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated,

TUESDAY, FEBRUARY 16, 1993

703

completed, consummated, or enforced as required or permitted by any statute repealed by this chapter as though the repeal had not occurred; er
(5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed;; or
(6) Any provision of the articles of incorporation, charter, or bylaws of a corpora tion in existence on July 1^ 1989, that was authorized or permitted by the prior gen eral corporation law of this state, that was validly adopted under the law in effect at the time of its adoption, and that is authorized or permitted by this chapter."
Section 28. Said title is further amended by striking Code Section 14-3-1420, relat ing to grounds for administrative dissolution, and inserting in lieu thereof a new Code Sec tion 14-3-1420 to read as follows:
"14-3-1420. The Secretary of State may commence a proceeding under Code Section 14-3-1421 to dissolve a corporation administratively if:
(1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to file a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corpo ration; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution;
(2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due;
(3) The corporation is without a registered agent or registered office in this state for 60 days or more; er
(4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued! j or
(5) The corporation pays a fee as required to be collected by the Secretary of State pursuant to the Code by a check or some other form of payment which is dishonored and the corporation or its incorporator or its agent does not submit payment for said dishonored payment within 60 days from notice of nonpayment issued by the Secre tary of State."
Section 29. Said title is further amended by striking Code Section 14-3-1622, relat ing to annual registration of a corporation, and inserting in lieu thereof a new Code Sec tion 14-3-1622 to read as follows:
"14-3-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the corporation^ the employer identification number issued by the federal government, and the state or country under whose law it is incorporated;
(2) The street address and county of its registered office and the name of its regis tered agent at that office in this state;
(3) The mailing address of its principal office, if any; and (4) The names and respective addresses of its chief executive officer, chief finan cial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subse quent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regu lations, of the following calendar years.

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(d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose arti cles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January ^ and April 1^ of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State.
{4} M If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or for eign corporation 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."
Section 30. Said title is further amended by striking Code Section 14-4-140, relat ing to merger or consolidation of corporations incorporated by the Secretary of State, and inserting in lieu thereof a new Code Section 14-4-140 to read as follows:
"14-4-140. Any two or more corporations incorporated by the Secretary of State under the laws of this state provisions other than Chapter 2 of this title, except banks and trust companies, may merge or consolidate into a single corporation or enter into a share exchange in the manner set forth in Article 11 of Chapter 2 of this title? relating te merger and consolidation."
Section 31. Said title is further amended by striking Code Section 14-4-141, relat ing to merger or consolidation of corporations chartered by the Secretary of State with domestic corporations incorporated under Chapter 2 of Title 14, and inserting in lieu thereof a new Code Section 14-4-141 to read as follows:
"14-4-141. A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company, may merge or consolidate enter into a share exchange with a domestic corporation or corporations governed by Chapter 2 of this title in accordance with Code Section 14-2-1108."
Section 32. Said title is further amended by striking Code Section 14-4-142, relat ing to merger or consolidation of corporations chartered by the Secretary of State with for eign corporations, and inserting in lieu thereof a new Code Section 14-4-142 to read as follows:
"14-4-142. A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company, may merge or consolidate enter into a share exchange with one or more foreign corpora tions in accordance with Code Section 14-2-1107."
Section 33. Said title is further amended by striking Code Section 14-4-143, relat ing to right of stockholder to dissent from merger or consolidation and demand for pay ment of value of stock, and inserting in lieu thereof a new Code Section 14-4-143 to read as follows:
"14-4-143. If any stockholder entitled te vete in a- corporation chartered incorporated by the Secretary of State snati vete against a proposed merger or consolidation and snatt
heWer ef- record in either of the corporations merging or consolidating, bt net entitled
tO VOtC tnereiH) 911d.il ODJCCt tllCPCtO Ift WMtlH[ ftt tfte time Or Of JJP1OF 6O tll tfiKlH Or
tllC V0tG ftftCl n tR CltilGr CftSe 3UCI1 StOCKflOlQCr WlttllH 'cU QflyS filter tile ttKlH Or tllC

HlftCrc tO 111III Or tfie I8.1F CfiSfl VCtiUO Or 1119 9tOCK > SUCI1 COFpOfftttOft Sllfilr Wltlllll ol/ QCtyS
after the date of the demand or the effectiveness of the merger or consolidation, whien-
tien is abandoned under provisions other than Chapter 2 of this title, except banks and trust companies, merges or enters into a share exchange with another corporation pursu ant to Code Section 14-4-140, 14-4-141, or 14-4-142, the rights of shareholders of such

TUESDAY, FEBRUARY 16, 1993

705

corporation to dissent from and obtain payment of the fair value of their shares in con nection with such merger or share exchange shall be governed by provisions of Article 13 of Chapter 2 of this title."
Section 34. Said title is further amended by striking Code Section 14-4-144, which reads as follows:
"14-4-144. In case of disagreement as to the value of his stock, a stockholder demanding payment under Code Section 14-4-143 may within 30 days after the filing of the articles with the Secretary of State apply for an arbitration by filing a petition in the superior court of the county in which was located the principal place of business of the corporation in which the stockholder held stock or in the county in which is located the principal place of business of the surviving or resulting corporation. The court shall order the arbitration on reasonable notice of not less than ten days to the surviving or resulting corporation and to the dissenting stockholder. The stockholder and the corporation shall each choose one arbitrator within the time provided in the order of the judge of the superior court; and, if these two arbitrators shall not agree on the value of the stock, the arbitrators shall choose an umpire. If either party fails to appoint an arbitrator or if they are unable to agree within five days upon an umpire, an umpire shall be appointed by the judge of the superior court. The arbitrators and umpire, if an umpire is chosen, shall take an oath to appraise fairly and impartially the value of the stock and shall within the time limited by the judge of the superior court make a return to the court of their appraisal. The arbitrators and umpire may make an appraisal by the concurrence of a majority. If within ten days after the appraisal is filed in the office of the clerk of the superior court neither the stockholder nor the corpora tion shall enter in writing an appeal from the appraisal, an order shall be entered con firming the appraisal. When so confirmed, the appraisal shall be deemed conclusive.", and inserting in lieu thereof the following:
"14-4-144. Reserved."
Section 35. Said title is further amended by striking Code Section 14-5-20, relating to the Secretary of State as corporation commissioner, and inserting in lieu thereof a new Code Section 14-5-20 to read as follows:
"14-5-20. The Secretary of State shall be corporation commissioner and shall be charged with the execution of the duties set forth in Chapters 2 through 5 of this title. The corporation commissioner shall appoint a person as assistant corporation commis sioner and shall delegate such of the commissioner's powers and duties to the assistant corporation commissioner as the corporation commissioner desires. Where the office of Secretary of State shall become vacant by resignation, death, or otherwise, his the Secre tary of State's authority as corporation commissioner shall immediately vest in the assistant corporation commissioner who shall be charged with the execution of the duties of the Secretary of State set forth in this title until the office of Secretary of State ceases to be vacant."
Section 36. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend the Committee Substitute to HB 149 as follows:
On page 16 line 23 between "," and "or" insert the following:
"or where the registered office of the merging or acquired corporation was located prior to the merger or share exchange in any other case,".

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.

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On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 284. By Representatives Chambless of the 163rd, Thomas of the 100th, Cauthorn of the 35th, Davis of the 60th and Poston of the 3rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to state funded local indigent defense programs, so as to provide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense; to provide that members of the council may succeed them selves; to provide that members of the local tripartite governing committee may succeed themselves; 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. Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to state funded local indigent defense programs, is amended by striking subsection (c) of Code Section 17-12-32, relating to the establishment of the Georgia Indi gent Defense Council, and inserting in lieu thereof the following:
"(c) Each member of the council shall be appointed to serve for a term of four years and until his or her successor is duly appointed and qualified. The initial members appointed by the Supreme Court from the first, third, fifth, seventh, and ninth judicial administrative districts shall be appointed for an initial term of two years; and the mem bers from the second, fourth, sixth, eighth, and tenth judicial administrative districts shall be appointed for an initial term of four years each and until their respective suc cessors are duly appointed and qualified. The nonlawyer members selected from the state at large shall be appointed by the Supreme Court for an initial term of four years each and until their successors are duly appointed and qualified. The initial members of the council shall take office within 30 days of July 1, 1979, and shall serve until July 1 of the year their terms of office expire. The succeeding members of the council shall begin their terms of office on July 1 of the year in which they are appointed. Ne persen shall be eligible te succeed himaclf for a consecutive four-year tena as tt member ef the council A member may be appointed to succeed himself or herself as a member of the council."
Section 2. Said article is further amended by striking subsection (b) of Code Section 17-12-34, relating to employment of the personnel of the Georgia Indigent Defense Coun cil, and inserting in lieu thereof the following:
"(b) Funds provided the council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite committee requests such representation; provided, however;:
(1) tht That, if local counsel certifies to the tripartite committee that additional counsel is needed in order to preserve effectively the Sixth Amendment rights of the defendant, such request should be compassionately considered and granted if it appears to be in the interest of substantial justice? or
(2) That if no tripartite committee exists or the tripartite committee's indigent defense plan does not substantially comply with this article or the council's guidelines,

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and if the majority of the superior court judges of the circuit, including the chief judge of the circuit, request assistance of the council, the council in its sole discretion may develop and administer a program for the provision of representation to indigents. which is funded by or through it."
Section 3. Said article is further amended by striking subsection (e) of Code Section 17-12-37, relating to notification of county commission chairperson and superior court judges by council of availability of funds, and inserting in lieu thereof the following:
"(e) The committee member or members in each jurisdiction appointed by the chief judge of the superior court of the local jurisdiction shall be appointed for an initial term of one year, and the committee member or members appointed by the president of the local bar association shall be appointed for an initial term of two years. The member or members in each jurisdiction appointed by the county commission shall be appointed for an initial term of three years. Following the initial terms of office, all succeeding members of each local indigent defense program shall be appointed for terms of office of three years each and shall serve until their respective successors are duly appointed and qualified. The initial members of the respective committees shall take office within 30 days of the effective date of their appointments and shall serve until their respective terms of office expire. Ne person shall be eligible te succeed himself for ft three-year term as a member of a committee A member may be appointed to succeed himself or herself as a member of a committee."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend the Committee substitute to HB 284 by inserting on line 5 of page 1, immediately after the word "defense;" the follow ing:
"to add members to the council;"
and,
by inserting on line 15 of page 1, immediately after the word "striking", the following:
"subsection (b) and"
and,
by inserting on line 18 of page 1, immediately preceding "(c)", the following:
"(b) The council shall be composed of 13 15 persons appointed by the Supreme Court of Georgia. One active member of the State Bar of Georgia shall be selected from each of the ten judicial administrative districts of the state ad:z three nonlawyers shall be selected from the state at largej and two additional members shall be selected one of whom shall be a member of a metropolitan county governing authority and the other shall be a member of a non-metropolitan county governing authority."
and,
by inserting on line 7 of page 2, immediately after the word "expire.", the following:
"The county governing authority appointments shall be for a term of four years each with the initial appointment of the metropolitan county member being for two years beginning July lj 1993 and the non-metropolitan county member being for four years beginning July 1^ 1993 and until their successors are duly appointed and qualified."

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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representa tions regarding services.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed home health services from making certain representations regarding services; to provide for defi nitions; to provide for enforcement and authority relating thereto; to provide requirements relating to advertisements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of 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 period at the end of paragraph (25) and inserting in lieu thereof a semicolon and by striking the period at the end of paragraph (26) and inserting in lieu thereof "; or" and by inserting at the end of said subsection a new paragraph (27) to read as follows:
"(27) With respect to any individual or facility providing home health services: (A) For any person or entity not duly licensed by the Department of Human
Resources as a home health agency to regularly hold itself out as a home health agency; or
(B) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to utilize the words 'home health' or 'home health services' in any manner including but not limited to advertisements, brochures, or let ters. Unless otherwise prohibited by law, nothing in this subparagraph shall be con strued to prohibit persons or entities from using the words 'home health' or 'home health services' in conjunction with the words 'equipment,' 'durable medical equip ment,' 'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion therapy,' or 'supplies' in any manner including but not limited to advertisements, bro chures, or letters. An unlicensed person or entity may advertise under the category 'home health services' in any advertising publication which divides its advertisements into categories, provided that:
(i) The advertisement is not placed in the category with the intent to mislead or deceive;
(ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and
(iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term 'home health agency' shall have the same defi nition as contained in Code Section 31-7-150, as now or hereafter amended. The provi sions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources; provided, however, that the administrator shall not

TUESDAY, FEBRUARY 16, 1993

709

have any responsibility for matters or functions related to the licensure of home health agencies."
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 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 30. By Representative Parham of the 122nd:
A bill to amend Code Section 42-4-7 of the Official Code of Georgia Anno tated, relating to maintenance of inmate records by the sheriff and good-time allowances, so as to change the provisions relating to the inmate records maintained by the sheriff and the inspection of such records.

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

HB 374. By Representatives Parham of the 122nd, Atkins of the 29th, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances.

The following amendment was read and adopted:

Representative Parham of the 122nd moves to amend HB 374 by striking "Medical practitioners" from line 11 of page 6 and inserting in its place "practitioners".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 69. By Representatives Holland of the 157th, Epps of the 131st and Jenkins of the 110th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of rule making, rates, and related matters rela tive to insurance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.

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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 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 556. By Representatives Jenkins of the 110th and Henson of the 65th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attor ney must search the land records and verify the landowners affected.

The following substitute, offered by Representative Jenkins of the 110th, et al. was read and adopted:

A BILL
To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that certain such covenants shall be renewed automatically every 20 years unless terminated; to provide a method of termina tion; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, is amended by striking in their entireties paragraphs (1) and (2) of subsection (d) and inserting in lieu thereof the following:
"(1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots may be continued shall automatically be renewed beyond 36 yea*s the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such continuation renewal shall continue tot 36 yeare be for an additional 20 year period, and there shall be no limit on the number of times such covenants may shall be continued renewed.
(2) To continue terminate a covenant as provided in paragraph (1) of this subsection, at least two thirds 51 percent of the reeerd owners ef persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be continued terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such documentj together with the affidavit ef- tat attorney licensed te
aes ef- the record owners appearing in th document, shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subseclient A(J yGflr extension period, wo sutcn covcnQJHt 9fi&ii we renewed ftfter wie icipse of time ef seh initial pened * extension. The clerk of the superior court shall index the document under the name of each record owner appearing in the document."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 104, nays 5.

TUESDAY, FEBRUARY 16, 1993

711

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

HB 569. By Representatives Murphy of the 18th, Walker of the 141st, Childers of the 13th, Lee of the 94th, Connell of the 115th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to indigent and elderly patients, so as to change a definition relating to the Indigent Care Trust Fund; to provide for crediting to the fund of amounts dedicated or transferred 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 131. By Representative Holland of the 157th:
A resolution urging President Clinton, the Secretary of Agriculture, and the United States Senate to exercise caution in negotiating or approving interna tional trade agreements that have an effect on Georgia peanut farmers and other agricultural interests.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Anno tated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff posi tion.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that in any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, such members shall not be eligible to hold simultaneously any county property appraisal staff position; 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 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, is amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows:

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"(c) In any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, member of a county board of tax assessors shall be eligible to hold any county property appraisal staff position during the time such person holds office as a member of a county board of tax assessors."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Bailey of the 93rd, et al. was read and adopted:

A BILL
To amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that in any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, such members shall not be eligible to hold simultaneously any county property appraisal staff position, except as otherwise provided by law; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, is amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows:
"(c) In any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, no member of a county board of tax assessors shall be eligible to hold any county property appraisal staff position during the time such person holds office as a member of a county board of tax assessors, except as otherwise provided by law."
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 116. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of vehicles, so as to provide for issuance of special license plates to motor vehicle distributors.

The following amendment was read and adopted:

The Motor Vehicles Committee moves to amend HB 116 as follows:

TUESDAY, FEBRUARY 16, 1993

713

Page 2 - Line 7
After the word "section" insert the following:
"The manufacturers or distributors license plate is limited to no longer than 6 months' use per vehicle."

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

HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd, Watson of the 139th and Burkhalter of the 41st:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valo rem taxes.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 520 by inserting between lines 5 and 6 of page 1 the following:
"change the manufacturing fee for the special license plates issued for such vehicles; to repeal the requirement for an additional annual registration fee for such license plates; to change the transfer fee for such special license plates; to".
By striking from line 13 of page 2 the following:
"a fee of $25.00",
and inserting in lieu thereof the following:
"a fee ef $26.00 an annual registration fee of $20.00".
By striking from lines 21 through 25 of page 2 the following:
"Said special license plates shall be 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.",
and inserting in lieu thereof the following:
"SaM special license plates shall be subject te an additional annual registration fee ef wiiicn ice sfiftii DC collected Dy wic county (& fluent ftt tiic time of collection ot
otiicr Fe^istpfttion ices ftfid sfictii DC remitied to tne suite fts provided m oode (section

By striking from line 24 of page 3 the following: "$1.00",

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and inserting in lieu thereof the following: JpJ..UU IpO.UU

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

HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Anno tated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquir ing, cataloging, and distributing state public documents.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties f^r violations of the handicapped parking laws.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

Representative Wall of the 82nd stated that he wished to be recorded as voting "nay" on HB 94.

HB 516. By Representatives Smith of the 174th and Byrd of the 170th:
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 licensing of irrigation contractors and for requirements and qualifications rel ative 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 98, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 16, 1993

715

HR 167. By Representatives Padgett of the 119th, Connell of the 115th and Brown of the 117th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 292. By Representatives Porter of the 143rd, Jamieson of the 22nd and Poston of the 3rd:
A bill to amend Code Section 40-2-75 of the Official Code of Georgia Anno tated, relating to special license plates for amateur radio operators, so as to provide for such radio operators to receive one free special license plate.

The report 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.

The Speaker assumed the Chair.

HB 568. By Representatives Lucas of the 124th, Groover of the 125th, Walker of the 141st and Snow of the 2nd:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Anno tated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Henson of the 65th moved that HB 556 be immediately transmitted to the Senate.

On the motion, the ayes were 51, nays 46. The motion was lost.

Representative Johnson of the 84th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 556.

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JOURNAL OF THE HOUSE,

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 17, 1993

717

Representative Hall, Atlanta, Georgia Wednesday, February 17, 1993

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 Gary W. Lawrence, Pastor, South Broad United Methodist Church, Rome, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 753. By Representative Lane of the 55th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to change cer tain provisions relating to regional development centers.
Referred to the Committee on State Planning & Community Affairs.
HB 754. By Representative Lord of the 121st: A bill to amend Chapter 13 of Title 33 of the Official Code of Georgia Anno tated, relating to credit life and credit accident and sickness insurance, so as to provide that the Commissioner of Insurance shall not be authorized to promulgate any rule or regulation which requires any insurer to charge a pre mium rate or to pay a commission rate which is less than a specified amount.
Referred to the Committee on Insurance.

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JOURNAL OF THE HOUSE,

HB 755. By Representatives Walker of the 141st, Groover of the 125th, Thomas of the 100th, Carlisle of the 107th, Reichert of the 126th and others:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Anno tated, relating to disposition of municipal property, so as to provide an exception to the bid requirements for certain trades or swaps.
Referred to the Committee on Judiciary.

HB 756. By Representatives Walker of the 141st, Floyd of the 138th, Watson of the 139th and Ray of the 128th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change provisions relating to the place for holding the regu lar monthly meeting in the City of Perry.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 757. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 758. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 759. By Representatives Hanner of the 159th, Reaves of the 178th, Crawford of the 129th, Cox of the 160th, Hudson of the 156th and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to provide for issuance of restricted commercial drivers' licenses to certain driv ers in the agricultural industry.
Referred to the Committee on Motor Vehicles.

HB 760. By Representatives Poston of the 3rd, Lawson of the 20th, Holland of the 157th, Teper of the 61st, Porter of the 143rd and others:
A bill to amend Code Section 21-5-70 of the Official Code of Georgia Anno tated, relating to definitions regarding public officials conduct and lobbyist disclosure, so as to change the definition of the term "expenditure"; to change the definition of the term "lobbyist".
Referred to the Committee on Rules.

HB 761. By Representative Watson of the 139th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to repeal limitations permitted in accident and sickness insurance benefits policies with respect to the coverage of inpatient or outpatient treatment of mental disorders.
Referred to the Committee on Insurance.

WEDNESDAY, FEBRUARY 17, 1993

719

HB 762. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 763. By Representatives Buck of the 135th, Thomas of the 100th, Cummings of the 27th, Crews of the 78th, Smith of the 109th and others:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and disability benefits under such system.
Referred to the Committee on Retirement.

HB 764. By Representatives Carrell of the 87th, Mobley of the 86th, Streat of the 167th and Coker of the 31st:
A bill to amend Code Section 15-16-8 of the Official Code of Georgia Anno tated, relating to the filling of vacancies in the office of sheriff, so as to authorize the provision by local law for alternative methods of filling such vacancies.
Referred to the Committee on Public Safety.

HB 765. By Representatives Bunn of the 74th, Davis of the 48th, O'Neal of the 75th, Davis of the 60th, Sherrill of the 62nd and others:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the com mission of or attempt to commit certain crimes, so as to provide that the commission of an offense involving the possession, manufacture, delivery, dis tribution, dispensing, selling, or possession with intent to distribute mari juana while in possession of a firearm or knife shall constitute a felony.
Referred to the Committee on Judiciary.

HB 766. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd, Jamieson of the 22nd, Lawson of the 20th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to require certain disclosure by political action committees; to change the time periods when public officers and candidates for public office are required to file financial disclosure state ments; to change the time when certain reports relating to recalls of public officers must be filed.
Referred to the Committee on Rules.

HB 767. By Representatives Turnquest of the 73rd, Mobley of the 69th, O'Neal of the 75th, Bunn of the 74th, Ladd of the 59th and others:
A bill to amend Code Section 50-27-23 of the Official Code of Georgia Anno tated, relating to restrictions on the sale of lottery tickets, so as to prohibit the sale or advertising of any lottery tickets or games within 500 feet of cer tain institutions.
Referred to the Committee on Industry.

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HB 768. By Representatives Buckner of the 95th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, so as to authorize the board of directors of such system to grant postretirement benefit increases.
Referred to the Committee on Retirement.

HB 769. By Representatives Barnes of the 33rd, Golden of the 177th, Parham of the 122nd, Porter of the 143rd, Williams of the 114th 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 a short title; to provide definitions; to prohibit certain acts by refiners or distributors of motor fuel.
Referred to the Committee on Industry.

HB 771. By Representatives Smith of the 109th, Maddox of the 108th, Moore of the 113th, Johnson of the 97th, Stancil of the 16th and others:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Anno tated, relating to the applicability of workers' compensation provisions and requirements to employers and employees, so as to provide that such provi sions and requirements shall not be applicable to employers which have regu larly in service less than seven employees.
Referred to the Committee on Industrial Relations.

HB 772. By Representatives McBee of the 88th, Reaves of the 178th, Barfoot of the 155th, Porter of the 143rd, Groover of the 125th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that counties contracting for health insurance shall not be required to pay a contribution for part-time employees.
Referred to the Committee on Insurance.

HB 773. By Representatives Poston of the 3rd, Porter of the 143rd and Holland of the 157th:
A bill to amend Code Section 21-5-70 of the Official Code of Georgia Anno tated, relating to definitions relative to conduct of public officials and lobby ist disclosure, so as to change a definition.
Referred to the Committee on Rules.

HB 774. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 17, 1993

721

HB 775. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to delete certain provisions relating to the conducting of elections, time of election, absentee voting, and election rules. Referred to the Committee on State Planning & Community Affairs - Local.
HB 776. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts. Referred to the Committee on State Planning & Community Affairs - Local.
HB 777. By Representatives Childers of the 13th, Wall of the 82nd and Johnson of the 84th: A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to require certain hospitals which receive certain public funds to comply with certain laws relating to open meetings and open records.
Referred to the Committee on Judiciary.
HB 778. By Representatives Teague of the 58th, Stanley of the 49th, McKinney of the 51st, Mosley of the 171st, Henson of the 65th and others: A bill to amend Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act," so as to pro vide that medicare recipients who are also, by income level, eligible for assist ance under this article receive 100 percent reimbursement for prescription drugs.
Referred to the Committee on Health & Ecology.
HB 779. By Representative Cummings of the 27th:
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 that persons who become members after July 1, 1993, shall not be entitled to an automatic cost-of-living benefit increase.
Referred to the Committee on Retirement.
HB 780. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 781. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to eligibility for membership in the Teachers Retirement Sys tem of Georgia and related matters, so as to provide that employees of the Department of Technical and Adult Education who retire and who are subse quently rehired by such department may not then elect to become members of a retirement system other than the system under which they initially retired.
Referred to the Committee on Retirement.

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HB 782. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement bene fit increases.
Referred to the Committee on Retirement.

HB 783. By Representative Mann of the 5th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate "Georgia" as the official state poem.
Referred to the Committee on State Planning & Community Affairs.

HB 784. By Representatives Harris of the 112th and Dover of the 9th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax.
Referred to the Committee on Motor Vehicles.

HB 785. By Representative Teper of the 61st:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Anno tated, relating to levy of excise tax on motor fuels, so as to provide for an increase in such tax.
By unanimous consent, HB 785 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Ray of the 128th, Bostick of the 165th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.
By unanimous consent, HB 786 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 787. By Representatives Smith of the 169th, Yeargin of the 90th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

WEDNESDAY, FEBRUARY 17, 1993

723

HB 788. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to reduce the amount of certain license fees; to reduce the amount of certain fees for per mits and stickers.
Referred to the Committee on Ways & Means.

HB 789. By Representative Coleman of the 142nd:
A bill to amend an Act providing a new charter for the City of Eastman, so as to change the provisions relating to the filling of vacancies on the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 790. By Representatives Davis of the 48th, McKinney of the 51st, Stanley of the 50th, Holmes of the 53rd, Orrock of the 56th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 257. By Representatives Kaye of the 37th, Klein of the 39th, Johnson of the 97th, Davis of the 60th, Campbell of the 42nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, amendments to the Constitution.
Referred to the Committee on Judiciary.

HR 258. By Representatives Kaye of the 37th, Klein of the 39th, Johnson of the 97th, Davis of the 60th, Campbell of the 42nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to stat utes.
Referred to the Committee on Judiciary.

HR 259. By Representatives Breedlove of the 85th and Carrell of the 87th: A resolution compensating Mr. Jimmy Helton.
Referred to the Committee on Appropriations.

HR 260. By Representatives Mann of the 5th, Joyce of the 1st, Kinnamon of the 4th, Perry of the llth, Shanahan of the 10th and others:
A resolution urging the Congress of the United States to propose an amend ment to the Constitution of the United States to require the federal govern ment to provide federal funds for the financing of any new mandated duty imposed upon state or local governments and boards of education by acts of Congress or rules and regulations of federal departments and agencies.
Referred to the Committee on Appropriations.

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HR 261. By Representatives Mann of the 5th, Joyce of the 1st, Kinnamon of the 4th, Perry of the llth, Shanahan of the 10th and others:
A resolution urging the General Assembly to provide state funds for the financing of any new mandated duty imposed upon local governments and boards of education in this state by Acts of the General Assembly.
Referred to the Committee on Appropriations.

HR 262. By Representatives Mann of the 5th, Joyce of the 1st, Kinnamon of the 4th, Perry of the llth, Shanahan of the 10th and others:
A resolution proposing an amendment to the Constitution so as to require the State of Georgia to fund 90 percent of the cost necessary to implement programs or activities mandated by the state upon counties, municipalities, or school boards or any combination thereof.
Referred to the Committee on Appropriations.

HR 263. By Representatives Godbee of the 145th and Parrish of the 144th: A resolution compensating Mr. Craig J. Winkler.
Referred to the Committee on Appropriations.

HR 264. By Representatives Poston of the 3rd, Ehrhart of the 36th, Porter of the 143rd, Stancil of the 16th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to require the General Assembly to convene with a quorum for any day countable toward the maximum number of 40 days during which the General Assembly may be in session.
Referred to the Committee on Rules.

HR 269. By Representatives Dobbs of the 92nd and Porter of the 143rd:
A resolution to amend the Constitution so as to provide for the imposition of an additional 5 cents per gallon tax on motor fuels.
Referred to the Committee on Ways & Means.

HR 270. By Representative Teper of the 61st:
A resolution urging the General Assembly to authorize the use of motor fuel tax revenues for any transportation purpose.
Referred to the Committee on Ways & Means.

HR 271. By Representative Teper of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that motor fuel taxes may be appropriated for providing and maintaining an adequate system of public transportation in this state.
Referred to the Committee on Ways & Means.

HR 272. By Representatives Turnquest of the 73rd, Teper of the 61st, Teague of the 58th, Mobley of the 69th and Randolph of the 72nd:
A resolution declaring Wednesday, February 17, 1993, as Nutritional Free dom Day in Georgia.
Referred to the Committee on Rules.

WEDNESDAY, FEBRUARY 17, 1993

725

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

HB 799. By Representatives Ladd of the 59th and Snow of the 2nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exemption from state sales and use tax for certain sales of motor vehicles; to provide that all sales of motor vehicles shall be subject to a special ad valorem tax.
Referred to the Committee on Ways & Means.

HB 809. By Representative Martin of the 47th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Geor gia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge.
Referred to the Committee on Judiciary.

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

HB 728 HB 729 HB 733 HB 734 HB 735 HB 736 HB 738 HB 739 HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 748 HB 749

HB 750 HB 751 HB 752 HB 770 HR 237 HR 241 HR 242 HR 243 HR 244 HR 255 SB 1 SB 2 SB 3 SB 16 SB 26 SB 62 SB 106 SB 115

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 341 Do pass, by Substitute
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 429 Do Pass HB 488 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 720 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

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

HR 180 Do Pass HR 227 Do Pass HR 236 Do Pass

HR 238 Do Pass HR 239 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report-

Mr. Speaker:

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

HB 603 Do Pass HB 604 Do Pass

HB 643 Do Pass, by Substitute HB 687 Do Pass

WEDNESDAY, FEBRUARY 17, 1993

727

HB 691 Do Pass HB 697 Do Pass

HB 730 Do Pass HB 731 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 220 Do Pass, by Substitute HB 379 Do Pass

HB 384 Do Pass, by Substitute HB 385 Do Pass, by Substitute

Respectfully submitted, /s/ Dover of the 9th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 17, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:
HB 4 Failure to secure safety belt on minor; charge driver HB 90 Determination of paternity; blood and genetic testing (Rec.) HB 167 Merit system; sick leave; amend provisions HB 327 Civil proceedings in magistrate courts; amend provisions HB 386 Safety fire commissioner; fees for permits HB 428 Air/Army Natl Guard; rights/privileges; members in another state HB 508 DUI; solicitation for clinic or program; prohibitions HB 510 Evidence; privileged medical information; pharmacists HB 552 Distilled spirits; unpaid taxes; prohibit sales or possession HB 597 Game and fish; hunter education; certification requirement
HR 49 Butts County; repeal property conveyance HR 122 Baldwin County; convey property HR 125 Baldwin County; grant easement HR 134 Lanette O'Neal Faulk Memorial Bridge; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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HB 643. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts from which the commissioners are elected.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), and an Act approved February 26, 1992 (Ga. L. 1992, p. 4764), so as to change the composition of the commissioner districts from which the commissioners 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 Attor ney General; 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 Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), and an Act approved February 26, 1992 (Ga. L. 1992, p. 4764), ia amended by striking Sections 2, 2A, and 3 in their entirety and inserting in lieu thereof new Sections 2, 2A, and 3 to read as follows:
"Section 2. (a) The Board of Commissioners of Hall County shall be composed of five members, one from each of the four commissioner districts provided for in Section 3 of this Act and one elected from the county at large who shall be the chairperson.
(b) Persons qualifying as candidates for membership on the board shall designate whether qualifying for a district membership or for chairperson. In order to represent a district, a person must be a resident of said district. Each district commissioner shall be elected by a majority of the electors voting in such commissioner district and the chairperson shall be elected by a majority of the electors voting in the county.
Section 2A. (a) The chairperson and those commissioners in office on the effective date of this Act who represent District 2 and District 4 shall continue to serve until the expiration of their present terms on December 31, 1996. Their successors shall be elected at the general election in November, 1996, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1997, and until their successors are elected and qualified.
(b) Those commissioners in office on the effective date of this Act who represent District 1 and District 3 shall continue to serve until the expiration of their present terms on December 31, 1994. Their successors shall be elected at the general election in November, 1994, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1995, and until their successors are elected and qualified.
Section 3. (a) Hall County is divided into four commissioner districts each to be composed of the following precincts:
Commissioner District: 1.
HALL COUNTY FLOWERY BRANCH ROBERTS MORGAN CANDLER TADMORE

WEDNESDAY, FEBRUARY 17, 1993

729

GAINSVILLE MILL
Commissioner District: 2
HALL COUNTY WILSON I CHICOPEE OAKWOOD I BARK CAMP FORK OAKWOOD II WILSON II
Commissioner District: 3
HALL COUNTY GLADE LULA CLERMONT QUILLIANS WHELCHEL WEST WELCHEL NEW HOLLAND GILLSVILLE BIG HICKORY
Commissioner District: 4
HALL COUNTY GAINESVILLE I GAINESVILLE II GAINESVILLE III GAINESVILLE VI RIVERBEND
(b) For purposes of this section: (1) 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;
(2) 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;
(3) Any part of Hall 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
(4) Any part of Hall 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 Hall County to submit this Act to the United States Attorney General for 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.

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On the passage of the Bill, by substitute, the ayes were 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 687. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Monroe County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 691. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 697. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion 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 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 730. By Representative Parrish of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Emanuel County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 17, 1993

731

HB 731. By Representative Parrish of the 144th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to the selection and terms of the members of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.

The following substitute, offered by Representative Chambless of the 163rd, was read:

A BILL
To amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved Febru ary 24, 1978 (Ga. L. 1978, p. 3058), an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), and an Act approved March 16, 1983 (Ga. L. 1983, p. 4194), so as to change the commission districts; to provide for definitions and inclusions; to provide for certain con flicts in descriptions; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for certain submissions; to provide for procedures for holding regular meetings; 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 Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, particularly by an Act approved Febru ary 24, 1978 (Ga. L. 1978, p. 3058), an Act approved February 19, 1982 (Ga. L. 1982, p. 3519), and an Act approved March 16, 1983 (Ga. L. 1983, p.4194), is amended by striking subsection (c) of Section 1 thereof and inserting in its place new subsections to read as follows:
"(c) (1) For purposes of electing the members of the board of commissioners, other than the chair, Dougherty County shall be divided into six commission districts as fol lows: COUNTY COMMISSION DISTRICT 1 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Dawson Road and the north Dougherty County line; thence running in a westerly direction along the north Dougherty County line to the centerline of the Chickasawhatchee Creek; thence running in a southerly direction along the centerline of Chickasawhatchee Creek to the centerline of the NorfolkSouthern Railroad; thence running in an easterly direction along the centerline of the Norfolk-Southern Railroad to the centerline of Valencia Drive; thence running in a southerly direction along the centerline of Valencia Drive to the centerline of Gordon Avenue; thence running in an easterly direction along the centerline of Gordon Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Boulevard to the centerline of Gillionville Road; thence run ning in a westerly direction along the centerline of Gillionville Road to the centerline of Meadowlark Drive thence running in a northerly direction along the centerline of Meadowlark Drive to the centerline of Kenilworth Drive; thence running in an easterly

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direction along the centerline of Kenilworth Drive to the centerline of Lullwater Road; thence running in an northeasterly direction along the centerline of Lullwater Road to the centerline of Dawson Road; thence running in a westerly direction along the centerline of Dawson Road to the North Dougherty County line.
County Commission District: 1
Dougherty County VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0008 ALBANY JUNIOR COLLEGE VTD: 0009 WESTOWN LIBRARY(Part) Tract: 0011. Block(s): 122, 123, 224, 225, 306, 324, 325 VTD: 0017AVOLON METHODIST CHURCH
COUNTY COMMISSION DISTRICT 2 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Cotton Avenue and Monroe Street; thence running in a southerly direction along the centerline of Monroe Street to the centerline of Holloway Avenue; thence running in an easterly direction along the centerline of Holloway Avenue to the centerline of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the centerline of Alice Avenue; thence running in a westerly direction along the centerline of Alice Avenue and South Madison Street to the centerline of Jefferies Avenue; thence running in a westerly direction along the centerline of Jefferies Avenue to the centerline of Newton Road; thence running in a southwesterly direction along the cen terline of Newton Road to the centerline of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King Jr, Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the centerline of Hedgeapple Lane; thence running in an easterly direction along the centerline of Hedgeapple Lane extended to the centerline of the Flint River; thence running in an northerly direction along the centerline of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in a northeasterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road; thence running in a southerly direction along the west right-of-way of Radium Springs Road to the centerline of Honeysuckle Drive; thence running in an easterly direction along the centerline of Honeysuckle Drive to the centerline of Liberty Expressway; thence running in a northerly direction along the centerline of Liberty Expressway to the north right-of-way of the Marine Corps Drainage canal; thence running in a south westerly direction along the north right-of-way of the Marine Corps Canal to the cen terline of the Atlantic and Gulf Railroad; thence running in a northerly direction along the centerline of the Atlantic and Gulf Railroad to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a westerly direction along the cen terline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of West Broad Avenue; thence running in a westerly direction along the centerline of West Broad Avenue to the centerline of South Front Street; thence running in a southerly direction along the centerline of South Front Street to the cen terline of Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of South Front Street; thence running in a south erly direction along the centerline of South Front Street to the centerline of Cotton Avenue; thence running in a westerly direction along the centerline of Cotton Avenue to the centerline of Monroe Street.
County Commission District: 2
Dougherty County

WEDNESDAY, FEBRUARY 17, 1993

733

VTD: 0011 MARTIN LUTHER KING JR. HIGH SCHOOL (Part)
Tract: 0014.02 Block(s): 207, 208, 209, 210, 212, 213, 215, 216, 217, 222, 223, 224, 225, 227, 229, 231, 232, 233
Tract: 0106.01 Block(s): 118, 126, 201, 212, 213, 214, 215, 216, 217, 218, 219, 220
Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 201A, 201B, 201C, 201D, 201E, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301A, 301B, 302, 303, 304
VTD: 0013 FLINTSIDE ELEMENTARY SCHOOL VTD: 0015 CARVER JUNIOR HIGH GYM (Part)
Tract: 0014.01 Block(s): 102, 103, 106, 112, 113, 114, 115, 116, 124, 125
Tract: 0014.02 Block(s): 235
VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE
VTD: 0022 RAD SPRINGS JR HIGH SCH (Part) Tract: 0109. Block(s): 101, 102, 103, 104B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
COUNTY COMMISSION DISTRICT 3 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Residence Avenue and the centerline of North Van Buren Street; thence running in a northerly direction along the centerline of North Van Buren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third Avenue to the centerline of Jefferson Street; thence running in a northerly direction along the centerline of Jefferson Street to the centerline of the Liberty Expressway; thence running in an southeasterly direction along the centerline of the Liberty Expressway to the east bank of the Flint River; thence running along the Albany City limit line in a northeasterly direction along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the west bank of the Piney Woods Creek; thence run ning by various courses in a southwesterly direction along the Albany city limits line to the centerline of McCollum Drive; thence running in a southerly direction along the centerline of McCollum Drive to the centerline of Cordele Road (S.R. 300); thence running in a southwesterly direction along the centerline of Cordele Road (S.R. 300) to the centerline of Clark Avenue; thence running in a westerly direction along the centerline of Clark Avenue to the centerline of North Mock Road; thence running in a southerly direction along the centerline of North Mock Road to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a southwesterly direction along the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of Edison Street; thence running in a northerly direction along the centerlme of Edison Street to the centerline of East Broad Avenue; thence running in an easterly direction along the centerline of East Broad Avenue to the centerline of School Street; thence running in a northerly direction along the centerline of School Street to the centerline of Clark Avenue; thence running in a westerly direction along the centerline of Clark Avenue to the centerline of Liberty Expressway; thence running in a southerly direc tion along the centerline of Liberty Expressway to the centerline of East Broad Ave nue; thence running a westerly direction along the centerline of East Broad Avenue to the centerline of the Norfolk-Southern Railroad; thence running in a southeasterly direction along the centerline of Norfolk-Southern Railroad to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a westerly direction along the

734

JOURNAL OF THE HOUSE,

centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of West Broad Avenue; thence running in a westerly direction along the centerline of West Broad Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of Cotton Avenue; thence running in a westerly direction along the centerline of Cotton Avenue to the centerline of Monroe Street; thence running in a northerly direction along the centerline of Monroe Street to the centerline of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North Van Buren Street.
County Commission District: 3
Dougherty County VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0013. Block(s): 101A, 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, 133 Tract: 0014.01 Block(s): 104, 105, 109, 110, 111, 117, 118, 119, 120, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001 Block(s): 303, 312, 313 Tract: 0002. Block(s): 101, 102, 114, 115, 119, 121, 132 Tract: 0103.01 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, 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 Tract: 0103.02 Block(s): 114 VTD: 0020 JACKSON HEIGHTS ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 420, 421, 423, 424 VTD: 0027 SYLVANDALE ELEMENTARY SCHOOL
COUNTY COMMISSION DISTRICT 4 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the north Dougherty County line and the centerline of Dawson Road; thence running in a easterly direction along the centerline of Dawson Road to the cen terline of Lullwater Road; thence running in a southerly direction along the centerline of Lullwater Road to the centerline of Kenilworth Drive; thence running in a westerly direction along the centerline of Kenilworth Drive to the centerline of Meadowlark Drive; thence running in a southerly direction along the centerline of Meadowlark Drive to the centerline of Gillionville Road; thence running in an easterly direction along the centerline of Gillionville Road to the centerline of Slappey Boulevard; thence running in a southerly direction along the centerline of Slappey Boulevard to the centerline of Oglethorpe Boulevard; thence running in an easterly direction along the centerline of Oglethorpe Boulevard to the centerline of Monroe Street; thence run ning in a northerly direction along the centerline of Monroe Street to the centerline

WEDNESDAY, FEBRUARY 17, 1993

735

of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North Van Buren Street; thence running in a northerly direction along the centerline of North Van Buren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third Avenue to the centerline of Jefferson Street; thence running in a northerly direction along the centerline of Jefferson Street to the centerline of the Liberty Expressway; thence running in an southeasterly direction along the centerline of the Liberty Expressway to the east bank of the Flint River to the Albany city limits line; thence running in a northeasterly direction along the east bank of the Flint River and east erly along the south side of the Georgia Power Reservoir and the Flint River to the west bank of Piney Woods Creek; thence running northeasterly to and along the cen terline of the Flint River to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the north Dougherty County line to the centerline of Dawson Road.
County Commission District: 4
Dougherty County VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NORTHWEST LIBRARY VTD: 0003 PORTERFIELD METHODIST CHURCH GYM VTD: 0006 MERRY ACRES JUNIOR HIGH SCHOOL VTD: 0007 BROAD AVENUE SCHOOL VTD: 0028 SCOTTISH RITE TEMPLE
COUNTY COMMISSION DISTRICT 5 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Slappey Boulevard and the centerline of West Oglethorpe Boulevard; thence running in an easterly direction along the centerline of West Oglethorpe Boulevard to the centerline of Monroe Street; thence running in a south erly direction along the centerline of Monroe Street to the centerline of Holloway Ave nue; thence running in an easterly direction along the centerline of Holloway Avenue to the centerline of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the centerline of Alice Avenue; thence running in a westerly direction along the centerline of Alice Ave nue to the centerline of Jefferies Avenue; thence running in a westerly direction along the centerline of Jefferies Avenue to the centerline of Newton Road; thence running in a southwesterly direction along the centerline of Newton Road to the centerline of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King, Jr. Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the centerline of Hedgeapple Lane; thence running in a southeasterly direction along the centerline of Hedgeapple Lane extended to the centerline of the Flint River; thence running in a southerly direction along the centerline of the Flint River to a point intersecting with a jeep trail extended, south of a drainage ditch running from the Merck & Co. property to the river; thence easterly along the jeep trail to the centerline of a private drive running south; thence southerly along the private drive to the centerline of another private drive running through the Merck & Co. property; thence easterly along the private drive to the centerline of Radium Springs Road; thence southerly along the centerline of Radium Springs Road to the South Dougherty County Line; thence running in a westerly direction along the south Dougherty County line to the west Dougherty County line; thence running in a northerly direc tion along the west Dougherty County line to the centerline of the Norfolk-Southern Railroad; thence running in a northeasterly direction along the centerline of the Norfolk-Southern Railroad to the centerline of Valencia Drive; thence running in a southerly direction along the centerline of Valencia Drive to the centerline of Gordon Avenue; thence running in an easterly direction along the centerline of Gordon Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Drive to the centerline of West Oglethorpe Boulevard.

736

JOURNAL OF THE HOUSE,

County Commission District: 5
Dougherty County VTD: 0009 WESTTOWN LIBRARY (Part) Tract: 0011. Block(s): 301, 302, 303, 304, 312, 313, 314, 315, 317, 327, 328, 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 Tract: 0104.03 Block(s): 201, 202, 203A Tract: 0105. Block(s): 301A, 302, 303, 304, 309 VTD: 0010 RIVERVIEW ACADEMY VTD: 0011 MARTIN LUTHER KING JUNIOR HIGH SCHOOL (Part) Tract: 0106.02 Block(s): 305, 306, 307, 310, 311, 312, 313, 314, 315 VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0014.01 Block(s): 107, 108, 121 VTD: Tract: 0014.02 Block(s): 101, 102, 107, 108, 109, 110, 114 VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0110. Block(s): 108, 123, 124, 125, 128, 212, 213, 232, 233
COUNTY COMMISSION DISTRICT 6 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Clark Avenue and the centerline of Cordele Road (S.R. 300); thence running in a northeasterly direction along the centerline of Cordele Road (S.R. 300) to the centerline of McCollum Drive; thence running northerly along the centerline of McCollum Drive to the Albany city limits line; thence running along various courses in a northeasterly direction along the Albany city limits line to the centerline of the Flint River in Land Lot 121 of the First Land District; thence run ning in a northeasterly direction along the centerline of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the Dougherty County line where the Fifteenth Land District and the First Land District intersect; thence continue running in a northeasterly direction along the Dougherty County line to the northern Dougherty County line at the intersection of the centerline of the Flint River and Land Lot 247, 15th Land District; thence easterly along the Dough erty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dough erty County line to Doles Road; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dough erty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line, thence easterly along the Dougherty County line; thence southerly along the Dough erty County line; thence westerly along the Dougherty County Line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line to the centerline of Radium Springs Road; thence running in a northerly direction along the centerline of Radium Springs Road to the north line of Land Lot 248, 1st Land District; thence westerly along the Merck & Co. private drive to the centerline of another private drive running north; thence northerly along the private drive to a jeep

WEDNESDAY, FEBRUARY 17, 1993

737

trail south of a drainage ditch running from Merck & Co. to the river; thence westerly along the trail to the centerline of the Flint River; thence northerly along the centerline of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence northeasterly along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Springs Road; thence southerly along the west right-of-way of Radium Springs Road to the centerline of Honeysuckle Drive; thence easterly along the centerline of Honeysuckle Drive to the centerline of Liberty Expressway; thence northerly along the centerline of Liberty Expressway to the north right-of-way of the Marine Corps Drainage Canal; thence southwesterly along the north right-of-way of the Marine Corps Drainage Canal to the centerline of the Atlan tic & Gulf Railroad; thence northerly along the centerline of the Atlantic & Gulf Rail road to the centerline of East Oglethorpe Boulevard (East Oglethorpe Boulevard (U.S. 82 Bus.); thence easterly along the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Norfolk-Southern Railroad; thence northwesterly along the centerline of the Norfolk-Southern Railroad to the centerline of East Broad Ave nue; thence easterly along the centerline of East Broad Avenue to the centerline of Liberty Expressway; thence northerly along the centerline of Liberty Expressway to the centerline of Clark Avenue; thence easterly along the centerline of Clark Avenue to the centerline of School Street; thence southerly along the centerline of School Street to the centerline of East Broad Avenue; thence westerly along the centerline of East Broad Avenue to the centerline of Edison Street; thence southerly along the centerline of Edison Street to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence northeasterly along the centerline of East Oglethorpe Boulevard to the centerline of North Mock Road; thence northerly along the centerline of North Mock Road to the centerline of Clark Avenue; thence easterly along the centerline of Clark Avenue to the centerline of Cordele Road.
County Commission District: 6
Dougherty County VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422 Tract: 0002. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 VTD: 0022 RADIUM SPRINGS JUNIOR HIGH SCHOOL (Part) Tract: 0109. Block(s): 204, 205, 206, 207, 209, 210, 211, 212, 213, 214 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): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 126, 127, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 234, 235, 236, 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 SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH
SCHOOL (Part) Tract: 0001.
Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 501, 502, 503, 504, 505, 506, 507, 508, 509,

738

JOURNAL OF THE HOUSE,

510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611 Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract: 0101. Block(s): 208A Tract: 0107. Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146 VTD: 0026 BRANCH ROAD PRECINCT
(2) Unless otherwise specified, all boundary lines upon streets in the geographical descriptions are located on the center lines of the streets.
(3) 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 commission 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 commission 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 Dougherty County which is not included in any commission dis trict described in this subsection shall be included within that commission 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 Dougherty County which is described in this subsection as being included in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such commission district. Such noncontiguous part shall instead be included within that commission 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
(G) The descriptions of each commission district according to VTD descriptions are included for convenience only. In the event the description of any commission district contains a conflict between the geographical description and the VTD description of that district, the geographical description shall control. (d) The districts set out in subsection (c) of this section are an attempt to comply with a consent order entered into by Dougherty County in the case styled William Wright, et a] v. Dougherty County, et al, Civil Action No. 92-103-ALB/AMER (DF)."
Section 2. Said Act is further amended by striking Section 2 thereof and inserting in its place a new Section 2 to read as follows:
"Section 2. Notwithstanding those changes in descriptions of commission districts which become effective under Section 1 of this Act at the same time this section becomes effective, the terms and elections of the chair and members of the board of commissioners of Dougherty County under said Section 1 shall not be changed but shall remain as follows:
(1) Those commissioners representing Commission Districts 1, 3, and 5 under the immediately prior provisions of this section shall continue to represent those respec tive districts, but on the effective date of this Act, they shall represent their districts

WEDNESDAY, FEBRUARY 17, 1993

739

as newly described in Section 1 of this Act. They shall serve out the terms to which elected, which shall expire December 31, 1996, and until the election and qualification of their respective successors. Their successors representing newly described Commis sion Districts 1, 3, and 5, shall be elected at the 1996 general election and shall take office January 1, 1997, for terms of four years and until the election and qualification of their respective successors.
(2) The chair and those commissioners representing Commission Districts 2, 4, and 6 under the immediately prior provisions of this section shall continue to serve as chair and represent those districts, respectively, but upon the effective date of this Act, the three district members shall represent their districts as newly described in Section 1 of this Act. They shall serve out the terms to which elected, which shall expire December 31, 1994, and until the election and qualification of their respective successors. The successor to the chair and the successors to those members represent ing newly described Commission Districts 2, 4, and 6 under Section 1 of this Act shall be elected at the 1994 general election and shall take office January 1, 1995, for terms of four years and until the election and qualification of their respective successors.
(3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this section 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 of January immediately following their election for terms of four years and until the election and qualification of their respective successors."
Section 3. Said Act is further amended by striking subsection (c) of Section 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The Board of Commissioners shall hold a regular meeting at 10:00 A.M. on the first and third Mondays of every month at the Dougherty County courthouse until the new Albany and Dougherty County Central Square Government Center is occupied by the board of commissioners, at which time regular meetings will be held at the Central Square Government Center. The Board of Commissioners may hold special meetings at any time and at any place within the county that their duties may require."
Section 4. 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 Dougherty County 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.

On the adoption of the Floor substitute, the ayes were 74, nays 67. The Floor substitute was adopted.

Representative Childers of the 13th moved that the House reconsider its action in adopting the Floor substitute.

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

Y Ashe N Atkins
N Bailey Y Baker N Bannister N Barfoot N Bargeron N Barnes Y Bates N Benefield
Birdsong Y Bordeaux N Bostick
Breedlove NBrooks.D

Y Brooks.T Y Brown
Y Buck N Buckner N Bunn E Burkhalter Y Byrd N Campbell Y Canty Y Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler

Y Channell Y Childers
Y Clark Y Coker
Coleman.B Coleman.T Colwell N Connell N Cox N Crawford Y Crews N Culbreth Y Cummings Y Davis.G N Davis.M

E Dickinson N Dii
N Dhron.H Dixon.S
N Dobbs N Dover N Ehrhart Y Epps Y Evans N Felton
Floyd,J.M N Floyd,J.W
Godbee N Golden N Goodwin

N Greene Y Groover
N Hammond Hanner
N Harris,B N Harris,M Y Hart N Heard Y Hegstrom N Hembree N Henson N Holland Y Holmes Y Howard N Hudson

740

JOURNAL OF THE HOUSE,

N Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H N Johnson,E N Johnson.G N Johnson,J N Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein NLadd N Lakly Y Lane.D
N Lane,R N Lawrence Y Lawson

YLee N Lewis
Lord
Lucas Maddox
N Mann
Y Martin Y McBee Y McClinton Y McKinney.B N Milam N Mills
Y Mobley,B Y Mobley,J N Moore Y Mosley N Mueller N Oliver
N O'Neal Y Orrock Y Padgett

Par ham Y Parrish
N Patten Y Pelote Y Perry N Pinholster YPoag Y Polak Y Porter
N Poston N Powell
Y Purcell YRandall
Y Randolph NRay N Reaves N Reichert
Y Roberts N Royal N Scoggins N Shanahan

Y Sherrill
Shipp N Simpson Y Sinkfield N Skandalakis N Skipper Y Smith.C
N Smith,L N Smith,P Y Smith.T N Smith,V N Smith,W
YSmyre YSnow
Y Stancil,F N StanciLS Y Stanley,L
Stanley,? Stephenson
Y Streat Y Taylor

YTeague YTeper N Thomas.C Y Tillman N Titus N Towery Y Trense Y Turaquest
Twiggs N Vaughan Y Walker
NWall N Watson
Watts N Westmorland
Y White N Williams.B
N Williams.R NYates
Yeargin
Murphy,Spkr

On the motion, the ayes were 73, nays 85. The motion was lost.

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

N Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
N Bates Y Benefield
Birdsong N Bordeaux Y Bostick
Breedlove Y Brooks.D N Brooks.T N Brown
YBuck Y Buckner Y Bunn E Burkhalter NByrd Y Campbell
N Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channell N Childers Y Clark N Coker
Coieman,B Coleman.T

Colwell Y Connell YCox Y Crawford
N Crews Y Culbreth Y Cummings N Davis.G Y Davis.M E Dickinson YDix
Y Dixon.H Y Dixon,S YDobba Y Dover Y Ehrhart N Epps N Evans Y Felton
Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene N Groover Y Hammond Y Banner Y Harris,B Y Harris.M NHart N Heard
N Hegstrom Y Hembree Y Henson Y Holland

N Holmes N Howard
Y Hudson Y Hughes N Hugley N James Y Jamieson N Jenkins N Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J
Johnston N Jones N Joyce
NKaye N Kinnamon N Klein
YLadd Y Lakly NLane.D Y Lane,R Y Lawrence N Lawson NLee Y Lewis
Lord Lucas Maddox Y Mann N Martin N McBee N McClinton N McKinney.B Y Milam Y Mills

N Mobley.B N Mobley,J Y Moore
Mosley Y Mueller Y Oliver Y O'Neal N Orrock N Padgett NParham N Parrish Y Patten N Pelote N Perry Y Pinholster
NPoag N Polak N Porter Y Ponton Y Powell N Purcell NRandall N Randolph YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahan N Sherrill
Y Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper

N Smith.C Y Smith,L N Smith,P N Smith,T Y Smith.V Y Smith,W NSmyre NSnow Y StanciLF Y Stancil,S N Stanley.L
Stanley,? Stephenson
N Streat N Taylor
NTeague NTeper Y Thomas.C N Tillman Y Titus Y Towery N Trense N Turnquest
Twiggs Y Vaughan N Walker Y Wall Y Watson
Watts Y Westmoreland N White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy .Spkr

On the passage of the Bill, by substitute, the ayes were 89, nays 72. The Bill, having failed to receive the requisite constitutional majority, was lost.

WEDNESDAY, FEBRUARY 17, 1993

741

Due to mechanical malfunction, the vote of Representative Johnston of the 81st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Jamieson of the 22nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative White of the 161st gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 603.

HB 604. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty County School System, so as to change the composition of said board of education; to change the educa tion districts.

The following substitute, offered by Representative Chambless of the 163rd, was read:

A BILL
To amend an Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), so as to change the education districts; to provide for defini tions and inclusions; to provide for certain conflicts in descriptions; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for certain submissions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Dougherty County school system, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), is amended by striking subsections (d) and (e) of Section 5 and inserting in their place new subsections to read as follows:
"(d) (1) For purposes of electing the members of the board of education, other than the at-large member, the Dougherty County School District shall be divided into six education districts as follows:
EDUCATION DISTRICT 1 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Dawson Road and the north Dougherty County line; thence running in a westerly direction along the north Dougherty County line to the centerline of the Chickasawhatchee Creek; thence running in a southerly direction along the centerline of Chickasawhatchee Creek to the centerline of the NorfolkSouthern Railroad; thence running in an easterly direction along the centerline of the Norfolk-Southern Railroad to the centerline of Valencia Drive; thence running in a southerly direction along the centerline of Valencia Drive to the centerline of Gordon Avenue; thence running in an easterly direction along the centerline of Gordon Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Boulevard to the centerline of Gillionville Road; thence run ning in a westerly direction along the centerline of Gillionville Road to the centerline of Meadowlark Drive thence running in a northerly direction along the centerline of Meadowlark Drive to the centerline of Kenilworth Drive; thence running in an easterly direction along the centerline of Kenilworth Drive to the centerline of Lullwater Road; thence running in an northeasterly direction along the centerline of Lullwater Road to the centerline of Dawson Road; thence running in a westerly direction along the centerline of Dawson Road to the North Dougherty County line.

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Education District: 1
Dougherty County VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0008 ALBANY JUNIOR COLLEGE VTD: 0009 WESTOWN LIBRARY(Part) Tract: 0011. Block(s): 122, 123, 224, 225, 306, 324, 325 VTD: 0017AVOLON METHODIST CHURCH
EDUCATION DISTRICT 2 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Cotton Avenue and Monroe Street; thence running in a southerly direction along the centerline of Monroe Street to the centerline of Holloway Avenue; thence running in an easterly direction along the centerline of Holloway Avenue to the centerline of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the centerline of Alice Avenue; thence running in a westerly direction along the centerline of Alice Avenue and South Madison Street to the centerline of Jefferies Avenue; thence running in a westerly direction along the centerline of Jefferies Avenue to the centerline of Newton Road; thence running in a southwesterly direction along the cen terline of Newton Road to the centerline of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King Jr, Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the centerline of Hedgeapple Lane; thence running in an easterly direction along the centerline of Hedgeapple Lane extended to the centerline of the Flint River; thence running in an northerly direction along the centerline of the Flint River to the north right-of-way of the Marine Corps Drainage Canal; thence running in a northeasterly direction along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Spring Road; thence running in a southerly direction along the west right-of-way of Radium Springs Road to the centerline of Honeysuckle Drive; thence running in an easterly direction along the centerline of Honeysuckle Drive to the centerline of Liberty Expressway; thence running in a northerly direction along the centerline of Liberty Expressway to the north right-of-way of the Marine Corps Drainage canal; thence running in a south westerly direction along the north right-of-way of the Marine Corps Canal to the cen terline of the Atlantic and Gulf Railroad; thence running in a northerly direction along the centerline of the Atlantic and Gulf Railroad to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a westerly direction along the cen terline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of West Broad Avenue; thence running in a westerly direction along the centerline of West Broad Avenue to the centerline of South Front Street; thence running in a southerly direction along the centerline of South Front Street to the cen terline of Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of South Front Street; thence running in a south erly direction along the centerline of South Front Street to the centerline of Cotton Avenue; thence running in a westerly direction along the centerline of Cotton Avenue to the centerline of Monroe Street.
Education District: 2
Dougherty County VTD: 0011 MARTIN LUTHER KING JR. HIGH SCHOOL (Part) Tract: 0014.02 Block(s): 207, 208, 209, 210, 212, 213, 215, 216, 217, 222, 223, 224, 225, 227, 229, 231, 232, 233

WEDNESDAY, FEBRUARY 17, 1993

743

Tract: 0106.01 Block(s): 118, 126, 201, 212, 213, 214, 215, 216, 217, 218, 219, 220
Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 201A, 201B, 201C, 201D, 201E, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301A, 301B, 302, 303, 304
VTD: 0013 FLINTSIDE ELEMENTARY SCHOOL VTD: 0015 CARVER JUNIOR HIGH GYM (Part)
Tract: 0014.01 Block(s): 102, 103, 106, 112, 113, 114, 115, 116, 124, 125
Tract: 0014.02 Block(s): 235
VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE
VTD: 0022 RAD SPRINGS JR HIGH SCH (Part) Tract: 0109. Block(s): 101, 102, 103, 104B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
EDUCATION DISTRICT 3 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Residence Avenue and the centerline of North Van Buren Street; thence running in a northerly direction along the centerline of North Van Buren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third Avenue to the centerline of Jefferson Street; thence running in a northerly direction along the centerline of Jefferson Street to the centerline of the Liberty Expressway; thence running in an southeasterly direction along the centerline of the Liberty Expressway to the east bank of the Flint River; thence running along the Albany City limit line in a northeasterly direction along the east bank of the Flint River and easterly along the south side of the Georgia Power Reservoir and the Flint River to the west bank of the Piney Woods Creek; thence run ning by various courses in a southwesterly direction along the Albany city limits line to the centerline of McCollum Drive; thence running in a southerly direction along the centerline of McCollum Drive to the centerline of Cordele Road (S.R. 300); thence running in a southwesterly direction along the centerline of Cordele Road (S.R. 300) to the centerline of Clark Avenue; thence running in a westerly direction along the centerline of Clark Avenue to the centerline of North Mock Road; thence running in a southerly direction along the centerline of North Mock Road to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a southwesterly direction along the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of Edison Street; thence running in a northerly direction along the centerline of Edison Street to the centerline of East Broad Avenue; thence running in an easterly direction along the centerline of East Broad Avenue to the centerline of School Street; thence running in a northerly direction along the centerline of School Street to the centerline of Clark Avenue; thence running in a westerly direction along the centerline of Clark Avenue to the centerline of Liberty Expressway; thence running in a southerly direc tion along the centerline of Liberty Expressway to the centerline of East Broad Ave nue; thence running a westerly direction along the centerline of East Broad Avenue to the centerline of the Norfolk-Southern Railroad; thence running in a southeasterly direction along the centerline of Norfolk-Southern Railroad to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence running in a westerly direction along the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of West Broad Avenue; thence running in a westerly direction along the centerline of West Broad Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of

744

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Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of Cotton Avenue; thence running in a westerly direction along the centerline of Cotton Avenue to the centerline of Monroe Street; thence running in a northerly direction along the centerline of Monroe Street to the centerline of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North Van Buren Street.
Education District: 3
Dougherty County VTD: 0015 CARVER JUNIOR HIGH GYM (Part) Tract: 0013. Block(s): 101A, 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, 133 Tract: 0014.01 Block(s): 104, 105, 109, 110, 111, 117, 118, 119, 120, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001 Block(s): 303, 312, 313 Tract: 0002. Block(s): 101, 102, 114, 115, 119, 121, 132 Tract: 0103.01 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, 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 Tract: 0103.02 Block(s): 114 VTD: 0020 JACKSON HEIGHTS ELEMENTARY SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 420, 421, 423, 424 VTD: 0027 SYLVANDALE ELEMENTARY SCHOOL
EDUCATION DISTRICT 4 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the north Dougherty County line and the centerline of Dawson Road; thence running in a easterly direction along the centerline of Dawson Road to the cen terline of Lullwater Road; thence running in a southerly direction along the centerline of Lullwater Road to the centerline of Kenilworth Drive; thence running in a westerly direction along the centerline of Kenilworth Drive to the centerline of Meadowlark Drive; thence running in a southerly direction along the centerline of Meadowlark Drive to the centerline of Gillionville Road; thence running in an easterly direction along the centerline of Gillionville Road to the centerline of Slappey Boulevard; thence running in a southerly direction along the centerline of Slappey Boulevard to the centerline of Oglethorpe Boulevard; thence running in an easterly direction along the centerline of Oglethorpe Boulevard to the centerline of Monroe Street; thence run ning in a northerly direction along the centerline of Monroe Street to the centerline of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North Van Buren Street; thence running in a northerly direction along the centerline of North Van Buren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third

WEDNESDAY, FEBRUARY 17, 1993

745

Avenue to the centerline of Jefferson Street; thence running in a northerly direction along the centerline of Jefferson Street to the centerline of the Liberty Expressway; thence running in an southeasterly direction along the centerline of the Liberty Expressway to the east bank of the Flint River to the Albany city limits line; thence running in a northeasterly direction along the east bank of the Flint River and east erly along the south side of the Georgia Power Reservoir and the Flint River to the west bank of Piney Woods Creek; thence running northeasterly to and along the cen terline of the Flint River to the north Dougherty County line, where the Fifteenth Land District and the First Land District intersect; thence running in a westerly direction along the north Dougherty County line to the centerline of Dawson Road.
Education District: 4
Dougherty County VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NORTHWEST LIBRARY VTD: 0003 PORTERFIELD METHODIST CHURCH GYM VTD: 0006 MERRY ACRES JUNIOR HIGH SCHOOL VTD: 0007 BROAD AVENUE SCHOOL VTD: 0028 SCOTTISH RITE TEMPLE
EDUCATION DISTRICT 5 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Slappey Boulevard and the centerline of West Oglethorpe Boulevard; thence running in an easterly direction along the centerline of West Oglethorpe Boulevard to the centerline of Monroe Street; thence running in a south erly direction along the centerline of Monroe Street to the centerline of Holloway Ave nue; thence running in an easterly direction along the centerline of Holloway Avenue to the centerline of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the centerline of Alice Avenue; thence running in a westerly direction along the centerline of Alice Ave nue to the centerline of Jefferies Avenue; thence running in a westerly direction along the centerline of Jefferies Avenue to the centerline of Newton Road; thence running in a southwesterly direction along the centerline of Newton Road to the centerline of Lily Pond Road; thence running in an easterly direction along the centerline of Lily Pond Road and Martin Luther King, Jr. Drive to the intersection of Sweetbrier Road; thence running in an easterly direction along the centerline of Sweetbrier Road to the centerline of Hedgeapple Lane; thence running in a southeasterly direction along the centerline of Hedgeapple Lane extended to the centerline of the Flint River; thence running in a southerly direction along the centerline of the Flint River to a point intersecting with a jeep trail extended, south of a drainage ditch running from the Merck & Co. property to the river; thence easterly along the jeep trail to the centerline of a private drive running south; thence southerly along the private drive to the centerline of another private drive running through the Merck & Co. property; thence easterly along the private drive to the centerline of Radium Springs Road; thence southerly along the centerline of Radium Springs Road to the South Dougherty County Line; thence running in a westerly direction along the south Dougherty County line to the west Dougherty County line; thence running in a northerly direc tion along the west Dougherty County line to the centerline of the Norfolk-Southern Railroad; thence running in a northeasterly direction along the centerline of the Norfolk-Southern Railroad to the centerline of Valencia Drive; thence running in a southerly direction along the centerline of Valencia Drive to the centerline of Gordon Avenue; thence running in an easterly direction along the centerline of Gordon Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Drive to the centerline of West Oglethorpe Boulevard.
Education District: 5
Dougherty County

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VTD: 0009 WESTTOWN LIBRARY (Part) Tract: 0011. Block(s): 301, 302, 303, 304, 312, 313, 314, 315, 317, 327, 328, 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 Tract: 0104.03 Block(s): 201, 202, 203A Tract: 0105. Block(s): 301A, 302, 303, 304, 309
VTD: 0010 RIVERVIEW ACADEMY VTD: 0011 MARTIN LUTHER KING JUNIOR
HIGH SCHOOL (Part) Tract: 0106.02
Block(s): 305, 306, 307, 310, 311, 312, 313, 314, 315 VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JUNIOR HIGH GYM (Part)
Tract: 0014.01 Block(s): 107, 108, 121
VTD: Tract: 0014.02 Block(s): 101, 102, 107, 108, 109, 110, 114
VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0110. Block(s): 108, 123, 124, 125, 128, 212, 213, 232, 233
EDUCATION DISTRICT 6 Shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Clark Avenue and the centerline of Cordele Road (S.R. 300); thence running in a northeasterly direction along the centerline of Cordele Road (S.R. 300) to the centerline of McCollum Drive; thence running northerly along the cen terline of McCollum Drive to the Albany city limits line; thence running along various courses in a northeasterly direction along the Albany city limits line to the centerline of the Flint River in Land Lot 121 of the First Land District; thence running in a north easterly direction along the centerline of the Flint River passing through Land Lots 121, 119, 282, and 81 of the First Land District to the Dougherty County line where the Fifteenth Land District and the First Land District intersect; thence continue running in a northeasterly direction along the Dougherty County line to the northern Dougherty County line at the intersection of the centerline of the Flint River and Land Lot 247, 15th Land District; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence southerly along the Dougherty County line to Doles Road; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line; thence south erly along the Dougherty County line, thence easterly along the Dougherty County line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County Line; thence southerly along the Dougherty County line; thence westerly along the Dougherty County line to the centerline of Radium Springs Road; thence running in a northerly direction along the centerline of Radium Springs Road to the north line of Land Lot 248, 1st Land District; thence westerly along the Merck & Co. private drive to the centerline of another private drive running north; thence northerly along the private drive to a jeep trail south of a drainage ditch running from Merck & Co. to the river; thence westerly along the trail to the centerline of the Flint River; thence northerly along the centerline of the Flint River to the north right-of-way of the Marine Corps

WEDNESDAY, FEBRUARY 17, 1993

747

Drainage Canal; thence northeasterly along the north right-of-way of the Marine Corps Drainage Canal to the west right-of-way of Radium Springs Road; thence southerly along the west right-of-way of Radium Springs Road to the centerline of Honeysuckle Drive; thence easterly along the centerline of Honeysuckle Drive to the centerline of Liberty Expressway; thence northerly along the centerline of Liberty Expressway to the north right-of-way of the Marine Corps Drainage Canal; thence southwesterly along the north right-of-way of the Marine Corps Drainage Canal to the centerline of the Atlantic & Gulf Railroad; thence northerly along the centerline of the Atlantic & Gulf Railroad to the centerline of East Oglethorpe Boulevard (East Oglethorpe Boulevard (U.S. 82 Bus.); thence easterly along the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.) to the centerline of the Norfolk-Southern Railroad; thence northwesterly along the cen terline of the Norfolk-Southern Railroad to the centerline of East Broad Avenue; thence easterly along the centerline of East Broad Avenue to the centerline of Liberty Express way; thence northerly along the centerline of Liberty Expressway to the centerline of Clark Avenue; thence easterly along the centerline of Clark Avenue to the centerline of School Street; thence southerly along the centerline of School Street to the centerline of East Broad Avenue; thence westerly along the centerline of East Broad Avenue to the centerline of Edison Street; thence southerly along the centerline of Edison Street to the centerline of East Oglethorpe Boulevard (U.S. 82 Bus.); thence northeasterly along the centerline of East Oglethorpe Boulevard to the centerline of North Mock Road; thence northerly along the centerline of North Mock Road to the centerline of Clark Avenue; thence easterly along the centerline of Clark Avenue to the centerline of Cordele Road.

Education District: 6
Dougherty County VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422 Tract: 0002. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 VTD: 0022 RADIUM SPRINGS JUNIOR HIGH SCHOOL (Part) Tract: 0109. Block(s): 204, 205, 206, 207, 209, 210, 211, 212, 213, 214 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): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 126, 127, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 234, 235, 236, 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 SCHOOL VTD: 0025 DOUGHERTY JUNIOR HIGH SCHOOL (Part) Tract: 0001. Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 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, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611

748

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Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228
Tract: 0101. Block(s): 208A
Tract: 0107. Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146
VTD: 0026 BRANCH ROAD PRECINCT
(2) Unless otherwise specified, all boundary lines upon streets in the geographical descriptions are located on the center lines of the streets.
(3) 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 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;
(D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education 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;
(E) Any part of the Dougherty County School District 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;
(F) Any part of the Dougherty County School District 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; and
(G) The descriptions of each education district according to VTD descriptions are included for convenience only. In the event the description of any education dis trict contains a conflict between the geographical description and the VTD descrip tion of that district, the geographical description shall control. (e) The districts set out in subsection (d) of this section are an attempt to comply with a consent order entered into by Dougherty County in the case styled William Wright, et a] v. Dougherty County, et al, Civil Action No. 92-103-ALB/AMER (DF). (f) Notwithstanding those changes in descriptions of education districts which become effective under subsection (d) of this section at the same time this subsection becomes effective, the terms and elections of the members of the board of education of Dougherty County under said subsection (d) shall not be changed but shall remain as follows: (1) The at-large member and those members representing Education Districts 1, 3, and 5 under the immediately prior provisions of subsection (d) of this section shall continue to serve as the at-large member and represent those districts, respectively, but on the effective date of this Act, those members shall represent their districts as newly described in subsection (d) of this section. They shall serve out the terms to which elected, which shall expire December 31, 1996, and until the election and quali fication of their respective successors. The successors to the at-large member and the successors to those members representing Education Districts 1, 3, and 5, but as newly

WEDNESDAY, FEBRUARY 17, 1993

749

described in subsection (d) of this section, shall be elected at the 1996 general election and shall take office January 1, 1997, for terms of four years and until the election and qualification of their respective successors;
(2) Those members representing Education Districts 2, 4, and 6 under the immedi ately prior provisions of subsection (d) of this section shall continue to represent those respective districts, but on the effective date of this Act those members shall represent their districts as newly described in subsection (d) of this section. They shall serve out the terms to which elected, which shall expire December 31, 1994, and until the elec tion and qualification of their respective successors. The successors to those members representing newly described Education Districts 2, 4, and 6 under subsection (d) of this section shall be elected at the 1994 general election and shall take office January 1, 1995, for terms of four years and until the election and qualification of their respec tive successors; and
(3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this section 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 of January immediately following their election for terms of four years and until the election and qualification of their respective successors."
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 Dougherty County to submit this Act to the United States Attorney General for 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 Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot Y Bargeron Y Baines N Bates Y Benefield N Birdsong N Bordeaux Y Bostick
Breedlove Y Brooks.D N Brooks.T N Brown NBuck Y Buckner Y Bunn E Burkhalter NByrd Y Campbell N Canty N Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channel! N Childers N Clark N Coker
Y Coleman.B Coleman.T

Colwell
Y Connell YCox Y Crawford N Crews Y Culbreth Y Cummings N Davis,G Y Davis.M E Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart NEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene N Groover Y Hammond
Hanner Y Harris,B Y Harris.M NHart N Heard N Hegstrom
Y Hembree Henson
Y Holland

N Holmes N Howard Y Hudson Y Hughes N Hugley N James N Jamieson N Jenkins N Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston N Jones N Joyce
NKaye N Kinnamon N Klein
YLadd YLakly NLane.D YLane,R Y Lawrence N Lawson
NLee Y Lewis
Lord Lucas Y Maddox
YMann N Martin
YMcBee N McClinton N McKinney,B
Y Milan) Y Mills

N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal
N Orrock Y Padgett NParham N Parrish
Y Patten NPelote N Perry
Y Pinholster NPoag NPolak N Porter YPoston Y Powell N Purcell NRandall N Randolph YRay Y Reaves Y Reichert N Roberts Y Royal Y Scoggins N Shanahan N Sherrill N Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper

N Smith.C SmithJL
N Smith,? N Smith,T Y Smith,V Y Smith,W N Smyre YSnow N Stancil,F Y Stancil,S N Stanley,L
Stanley,? Stephenson N Streat N Taylor
N Teague NTeper
Y Thomas.C N Tillman
Y Titus Y Towery NTrense N Tumquest
Twiggs YVaughan N Walker YWall Y Watson
Watte Y Westmorland N White Y Williama.B
Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 88, nays 75.

750

JOURNAL OF THE HOUSE,

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

N Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot Y Bargeron
YBarnes N Bates
Y Benefield Y Birdsong N Bordeaux
Y Bostick Breedlove
Y Brooks.D
N Brooks,T N Brown YBuck Y Buckner
YBunn E Burkhalter NByrd Y Campbell
N Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channell N Childers N Clark
N Coker N Coleman.B
Coleman.T

N Colwell Y Connell YCox Y Crawford N Crews Y Culbreth Y Cummings
N Davis,G Y Davis.M E Dickinson YDix
Y DUon,H Y Diion,S Y Dobbs Y Dover YEhrhart NEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene N Groover Y Hammond Y Manner Y Harris,B Y Harris.M NHart Y Heard N Hegstrom N Hembree
Henson Y Holland

N Holmes N Howard Y Hudson Y Hughes N Hugley N James N Jamieson
N Jenkins N Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones N Joyce NKaye N Kinnamon N Klein YLadd YLakly N Lane,D YLane,R Y Lawrence N Lawson NLee Y Lewis
Lord Lucas Y Maddoi YMann N Martin Y McBee N McClinton
N McKinney.B YMilam Y Mills

N Mobley.B
N MobleyJ Y Moore N Mosley Y Mueller Y Oliver Y O'Neal NOrrock Y Padgett N Parham N Parrish
Y Patten N Pelote N Perry Y Pinholster NPoag N Polak N Porter YPoston Y Powell N Purcell N Randall N Randolph
YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahen N Sherrill
N Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper

N Smith.C Y Smith,L N Smith.P N Smith,T Y Smith.V Y Smith,W N Smyre YSnow
N Stancil,F Y Stancil,S N Stanley.L
Stanley,? Y Stephenson N Streat N Taylor NTeague NTeper Y Thomas.C N Tillman Y Titus Y Towery N Trense N Turnquest
Twiggs Y Vaughan N Walker Y Wall Y Watson
Watts Y Westmoreland N White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 92, nays 76.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative White of the 161st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 604.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 96. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended, so as to change the provisions relative to discontinuation of the use of real property for a library facility or service; to provide an effective date.

WEDNESDAY, FEBRUARY 17, 1993

751

SB 155. By Senators Newbill of the 56th, Langford of the 35th, Glanton of the 34th and others:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel.
SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consoli dation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.

HB 226. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Shipp of the 38th, Coker of the 31st and Towery of the 30th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for the election of the members of the Board of Education of the City of Marietta.

HB 393. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to provide for a seventh member of the board of education, which member shall be appointed by the city council and shall serve until December 31, 1993.

HB 411. By Representative Epps of the 131st:
A bill to amend an Act creating a new charter for the Town of Moreland, so as to provide for two-year terms of office for the mayor and board of aldermen.

HB 449. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th and others:
A bill to amend an Act to create the DeKalb Ad Valorem Tax Survey Com mission, so as to change the compensation of the commission; to change the time for the organizational meeting.

HB 450. By Representatives Henson of the 65th, Polak of the 67th, Jones of the 71st, Turnquest of the 73rd, Baker of the 70th 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 583. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to amend an Act providing for the composition of the Board of Educa tion of Coweta County, so as to reapportion the education districts.

752

JOURNAL OF THE HOUSE,

HB 586. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act approved February 4, 1993, so as to correct the expi ration date for the term of office of members of the board of education of Wilkes County.

HB 588. By Representatives Channell of the lllth and Bargeron of the 120th:
A bill to amend an Act providing for the compensation of the judge of the Probate Court of Warren County, so as to change the provisions relating to the compensation of the clerical help for the judge of the probate court.

HB 612. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Fayette County.

SB 130. By Senators Egan of the 40th, Turner of the 8th and Perdue of the 18th:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provi sions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or treated.

SB 139. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for def initions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax pen alties and criminal prosecution; to provide an effective date.

SB 162. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Trea sury and Fiscal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Depart ment of Administrative Services and its director.

SB 202. By Senators Kemp of the 3rd, Robinson of the 16th and Garner of the 30th:
A bill to amend Chapter 14 of Title 48 of the Official Code of Georgia Anno tated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property shall be entitled to receive a grant of funds based on the value of public services provided.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

WEDNESDAY, FEBRUARY 17, 1993

753

SR 5. By Senators Garner of the 30th, Robinson of the 16th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.

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

SB 96. By Senators Scott of the 36th, Slotin of the 39th and Langford of the 35th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended, so as to change the provisions relative to discontinuation of the use of real property for a library facility or service; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 130. By Senators Egan of the 40th, Turner of the 8th and Perdue of the 18th:
A bill to amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provi sions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or treated.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 139. By Senators Starr of the 44th and Garner of the 30th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a local tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for def initions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax pen alties and criminal prosecution; to provide an effective date.
Referred to the Committee on Ways & Means.

SB 155. By Senators Newbill of the 56th, Langford of the 35th, Glanton of the 34th and others:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers; to provide for ordinances and codes; to provide for administrative responsibilities; to provide for a city manager, a city attorney, a city clerk, a tax collector, a city accountant, and other personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

754

JOURNAL OF THE HOUSE,

SB 162. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Trea sury and Fiscal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Depart ment of Administrative Services and its director.
Referred to the Committee on Appropriations.

SB 202. By Senators Kemp of the 3rd, Robinson of the 16th and Garner of the 30th:
A bill to amend Chapter 14 of Title 48 of the Official Code of Georgia Anno tated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property shall be entitled to receive a grant of funds based on the value of public services provided.
Referred to the Committee on State Planning & Community Affairs.

SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consoli dation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 5. By Senators Garner of the 30th, Robinson of the 16th and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

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

HR 227. By Representatives McBee of the 88th, Walker of the 141st, Scoggins of the 24th, Heard of the 89th, Holland of the 157th and others:
A resolution commending the 1992 University of Georgia football team and Head Coach Ray Goff and inviting him and members of the team to appear and be recognized before the House of Representatives.

HR 236. By Representatives McBee of the 88th and Scoggins of the 24th:
A resolution commending and recognizing Teresa Lord and inviting her to appear and be recognized before the House of Representatives.

WEDNESDAY, FEBRUARY 17, 1993

755

HR 238. By Representative Poston of the 3rd:
A resolution commending and recognizing the 1992 Ringgold Lady Tigers varsity softball team and inviting its members to appear and be recognized before the House of Representatives on February 17, 1993.

HR 239. By Representatives Childers of the 13th, Perry of the llth, Smith of the 12th, Shanahan of the 10th, Cummings of the 27th and others:
A resolution commending the Georgia School for the Deaf, its football team, coaches, and staff and inviting the team to appear before the House of Rep resentatives.

The following Resolutions of the House were read and adopted:

HR 273. By Representative Coleman of the 80th: A resolution commending Roy Rogers and Dale Evans.

HR 274. By Representatives Buck of the 135th, Culbreth of the 132nd, Smith of the 102nd, Taylor of the 134th, Hugley of the 133rd and others:
A resolution expressing regret at the passing of William C. "Billy" Wickham.

HR 275. By Representatives Brooks of the 54th, Smyre of the 136th, Stanley of the 50th, Sinkfield of the 57th, Taylor of the 134th and others:
A resolution congratulating Walt "Bells" Bellamy on his induction into the Basketball Hall of Fame.

HR 276. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Wiley T. Nixon.

HR 277. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Sarah C. Wood.

HR 278. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Wesley D. McEntyre.

HR 279. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Varina R. Nyman.

HR 280. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Michael Hurston.

HR 281. By Representatives Dover of the 9th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Twiggs of the 8th and others:
A resolution commending Anthony Q. Grogan.

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JOURNAL OF THE HOUSE,

HR 282. By Representatives Bailey of the 93rd and Jamieson of the 22nd: A resolution commending Cristi LaShea Hare.

HR 283. By Representatives Reichert of the 126th and Shanahan of the 10th:
A resolution recognizing and commending the Georgia Junior Miss Scholar ship Program and congratulating the 1993 Georgia Young Woman of the Year, Miss Rebecca Rhea Jones.

HR 284. By Representatives Turnquest of the 73rd, Taylor of the 134th, Hugley of the 133rd, Teague of the 58th, Mobley of the 69th and others:
A resolution commending the Georgia chapters of the American Business Women's Association.

HR 285. By Representatives Bailey of the 93rd, Lakly of the 105th and Westmoreland of the 104th:
A resolution commending Liberty Baptist Church.

HR 286. By Representatives Vaughan of the 34th, Ehrhart of the 36th, Kaye of the 37th, Atkins of the 29th, Klein of the 39th and others:
A resolution commending the Cobb County Association of Library Media Specialists.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 289. By Representatives Groover of the 125th, Reichert of the 126th and Patten of the 176th:
A resolution commending Ms. Ivy Adams and inviting her to appear before the House of Representatives.

Representative Parrish of the 144th District, Vice-Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 349 Do Pass
Respectfully submitted, 1st Parrish of the 144th
Vice-Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 17, 1993

757

HB 191 Do Pass, by Substitute HB 651 Do Pass HR 182 Do Pass

HR 228 Do Pass HR 229 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman

Representative Jenkins of the 110th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:

HB 696. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to impose term limitations on the office of mayor; to change the time of election and the term of office of the mayor and members of the City Coun cil.

The motion prevailed.

Representative Jenkins of the 110th moved that HB 696 be recommitted to the Com mittee on State Planning and Community Affairs - Local.

The motion prevailed.

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

HB 597. By Representatives Hanner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.

The following Committee substitute was read and adopted:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting; to provide that it is unlawful for an adult to permit a child age 12 through 15 under his or her care to hunt with a weapon unless the child has in his or her possession such certification; to pro vide conditions for certain nonresident hunting licenses; to provide for certain fees; to pro vide for exceptions to such requirements; to provide for exceptions to certain penalties; to provide that children under age 12 may hunt only under adult supervision; to provide that it shall be unlawful to permit such a child to hunt unsupervised; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by redesignating paragraph (1) of Code Section 27-1-2, relating to defi nitions relative to game and fish, as paragraph (1.1) and inserting immediately preceding such paragraph the following:
"(1) 'Adult supervision' means under the command and control of a person 18 years of age or older, with the minor being within sight or hearing distance of such person."
Section 2. Said title is further amended by striking in its entirety Code Section 27-2-5, relating to hunter education courses, and inserting in lieu thereof the following:
"27-2-5. (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board and unless that person exhibits. Persons ages 16 through 25 shall exhibit such certificate to the issuing agent at the time of purchase of a hunting license. All other persons required by this subsection to complete a hunter education course shall present proof of age at the time of purchasing a hunting license and shall, by signing such license, certify their compliance with this subsection.
(b) It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person feern e er after January -, 1061, age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as pre scribed by the boardz or to any other person born on or after January 1^ 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable.
(c) It shall be unlawful for any person ben* en er after January 4; 1061, age 16 through 25 who is not required by law to obtain a hunting license; to hunt in this state; unless that person carries on his or her person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand.
\ci) t\ny person under WIG &^e of TO sticiii fiQve on nis person wniio minting st ccptiii* eate ef- satisfactory completion ef a hunter education eearse as prescribed by the beardr Any persert ndf the age ef-16 who dees net nave saeh certificate white hunting shftU DC rcQuireQ TO enroll tft d fium/cr 6flUCQ.Iion course tts prescri Ded Dy tiie oo&FU) witnin 120 days and thereafter satisfactorily complete that eearse before feeing allowed te hunt. Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person.
(e) Thoac persons Any person applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his such person's state of residence if that course shall have been approved by the Bea*d ef Natural Resources department. Those persons applying for a acvcn-day nonresident hunting license other than a season nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a seven-day nonresident hunting the license.
(f) By rule or regulation, the board shall prescribe a course of instruction in compe tency and safety in hunting and in the handling of weapons. The board shall also pre scribe procedures whereby competent residents of this state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging reason able fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as 'other income' of the department for purposes of subsection (a) of Code Section 27-1-13.

WEDNESDAY, FEBRUARY 17, 1993

759

(g) Any person violating any provision of this Code section except aubacction {4} shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16.
(h) The requirements of subsections (c) and (d) of this Code section shall not apply to any person ander the age ef 12 years, nef skatt they apply te any person hunting on his or her own land or that of his or her parents or legal guardian or to persons permit ting a child or ward aged 12 through 15 years to hunt on the parent's or guardian's own land."
Section 2. Said title is further amended by striking in its entirety Code Section 27-3-41, relating to unsupervised hunting by persons under 16 years of age, and inserting in lieu thereof the following:
"27-3-41. (a) It shall be unlawful for any person who is under 16 12 years of age to hunt deer any wildlife in this state unless such person is under the direct supervision of an adult during the period in which he such person is hunting.
(b) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age to hunt any wildlife with a weapon in this state unless such child or ward is under adult supervision."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn E Burkhalter
YByrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker
Y Coleman.B Coleman.T

Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M B Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B Y Harris.M YHart.
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H
Y Johnson,E Y Johnson,G
Y Johnson,J Y Johnston
Y Jones N Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly YLane.D Y Lane,R Y Lawrence Y Lawson YLee N Lewis YLord
Lucas Y Maddoi YMann Y Martin Y McBee
McClinton McKinney.B
YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins YShanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith,T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil.F Y Stancil,S
Y Stanley,L Stanley,?
Y Stephenson
Y Streat Y Taylor
YTeague YTeper
Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Y Westmorland
White Y Williams,B Y Williams,R
YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

760

JOURNAL OF THE HOUSE,

HB 327. By Representative Reichert of the 126th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 327 by striking lines 22, 23, and 24 of page 5 and inserting in lieu thereof the following:
"to the defendant at his or her service address. The defendant shall be allowed to sub mit".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B
Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson
Dix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson N Holland

Y Holmes Y Howard
Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly YLane,D YLane.R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox
YMann Y Martin Y McBee
McClinton McKinney,B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver YO'Neal YOrrock Y Padgett YParham Y Parrish Y Patten
Pelote Perry Pinholster YPoag Y Polak
Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal
Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley.L Stanley ,P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C YTillman Y Titus Y Towery
YTrense Y Turnquest YTwiggs Y Vaughan
Y Walker YWall Y Watoon
Watts Y Westmorland
White Y Williams.B Y William8,R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Dix of the 76th and Perry of the llth stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 17, 1993

761

Representative Holland of the 157th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk 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:

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler YChannell
Y Childers Clark
Y Coker Coleman,B Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis,M E Dickinson YDix Y Dixon.H Y Dixon.S YDobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom
Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin YMcBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley.B
Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak
Porter Poston Y PoweU Y Purcell Randall Y Randolph YRay Reaves Reichert Roberts Y Royal Y Scoggins Y Shanahan Y Sherril) Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,?
Y Stephenson Y Streat Y Taylor
YTeague YTeper
Y Thomas,C YTiUman
Y Titus Y Towery Y Trense Y Tumquest YTwiggs Y Vaughan
Walker YWall
Y Watson Watts
Y Westmorland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 510. By Representatives Parrish of the 144th, Chambless of the 163rd, Groover of the 125th, Atkins of the 29th, Parham of the 122nd and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medi cal information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain cir cumstances.

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:

762

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D
Y Brooks.T Y Brown YBuck Y Buckner Y Bunn E Burkhalter
YByrd
Y Campbell Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B
Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M E Dickinson YDix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Y Ployd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Groover
Y Hammond Y Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,*) Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D
Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney,B Y Milam Y Mills

Y Mobley.B Y Mobley.J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph
Ray Reaves Y Reichert Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T
Y Smith,V Y Smith.W YSmyre
YSnow Y Stancil,F Y Stancil.S Y Stanley,L
Stanley,? Y Stephenson
Y Streat Y Taylor
Teague YTeper Y Thomas,C
Tillman Y Titus
Y Towery Y Trense
Turnquest Y Twiggs
Y Vaughan Walker
Y Wall Y Watson
Watts Y Westmorland
White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T

Y Brown YBuck Y Buckner YBunn E Burkhalter
YByrd
Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker
Y Coleman.B Coleman.T Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M E Dickinson YDix Y Dixon.H

Dixon,S Y Dobbs
Y Dover N Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner

Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins

WEDNESDAY, FEBRUARY 17, 1993

763

Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis
NLord Lucas

Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham
Parrish
Y Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Poston Y Powell Y Purcell Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith.V Y Smith,W
YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Street Y Taylor Y Teague

Y Teper Y Thomas.C
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Wataon
Watts N Westmorland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 5. 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 Bill of the House was again taken up for consideration:

HB 90. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
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 change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing.

The following amendment was read and adopted:

Representatives Baker of the 70th and Groover of the 125th move to amend HB 90 as follows:
By striking on line 3 page 3 "clear and convincing" and inserting in lieu thereof "the presentation of competent".

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick

Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell YCox

Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix Y Dixon.H Y Dixon.S YDobbs Y Dover Y Ehrhart

YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B

764

JOURNAL OF THE HOUSE,

Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson.J Y Johnston Y Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin YMcBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore

Y Mosley Y Mueller Y Oliver YO'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert

Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper
Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley.L
Stanley.P Y Stephenson

Y Streat Y Taylor Y Teague YTeper
Y Thomas.C Y Tillman Y Titus Y Towery
Y Trense Y Tumquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Y Westmorland Y White Y Williams.B Y Williams.R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

HR 122. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County.

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

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brook,D Y Brooks,T Y Brown YBuck Y Buckner
YBunn E Burkhalter YByrd Y Campbell
Y Canty Y Carlisle N Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B
Coleman.T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis.M E Dickinson YDix Y Dixon,H
Y Dixon,S YDobbs Y Dover YEhrhart

YEpps Y Evans
Y Felton Y Floyd,J.M
Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M
YHart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James

Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson,G Y Johnson.J Y Johnston
Jones Y Joyce YKaye
Y Kinnamon Y Klein
YLadd Y Lakly
Lane.D
YLane,R Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee

Y McClinton McKinney,B
YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall

WEDNESDAY, FEBRUARY 17, 1993

765

Y Randolph YRay Y Reaves
Y Reichert Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,? Y Smith/I Y Smith.V Y Smith.W

Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Y Streat Y Taylor Y Teague

YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker

Y Wall Y Watson
Watts Y Westmorland
White Y Williams,B Y Williams.R
YYates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 161, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Carrell of the 87th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 125. By Representative Parham of the 122nd:
A resolution authorizing the granting of a non-exclusive easement for opera tion and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick
Y Breedlove Y Brooks.D
Y Brooks.T Y Brown YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carlisle N Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman,T

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix Y Diron,H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Banner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes
Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E
Y Johnson.G Y Johnson.J
Y Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane.D YLane.R
Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley.B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell
Y Purcell Randall
Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith.V Y Smith.W
Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker YWall Y Watson
Watts Y Westmoreland
White Y Williams,B Y Williams.R YYates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 161, nays 1.

766

JOURNAL OF THE HOUSE,

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

Representative Carrell of the 87th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 386. By Representatives Watson of the 139th and Dixon of the 150th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fire and other hazards to persons and property generally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel.

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:

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick N Breedlove Y Brooks.D N Brooks.T Y Brown YBuck Y Buckner
Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell
Y Connell YCoi Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix
Y Diion,H Y Dixon.S
Dobbs Y Dover Y Ehrhart YEpps N Evans Y Felton Y FloydJ.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane,D Y Lane.R Y Lawrence YLawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberta Y Royal Y Scoggins Y Shanahan
Y Sherrill YShipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper

Y Smith,C Y Smith,L Y Smith,? Y Smith.T
Y Smith,V Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams.R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 158, nays 5. The Bill, having received the requisite constitutional majority, was passed.

HB 552. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-3-29 of the Official Code of Georgia Anno tated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid.

WEDNESDAY, FEBRUARY 17, 1993

767

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 Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Breedlove
Y Brooks.D Y Brooks.T
Y Brown YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell
Y ConneU YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis,M E Dickinson YDix Y Dixon.H
Dixon,S Dobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y HarrisJB Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney,B Y Milam Y Mills

Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y MueUer
Y Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V
Y Smith.W Y Smyre YSnow Y Stancil.F
Stancil.S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Stancil of the 16th 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 508. By Representatives Colwell of the 7th and Greene of the 158th:
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 upon comple tion of a defensive driving program or DUI Alcohol or Drug Use Risk Reduc tion Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a par ticular clinic or program or soliciting for a particular clinic or program.

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

Y Ashe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks.D

768

JOURNAL OF THE HOUSE,

Y Brooks,T Y Brown YBuck Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis.M E Dickinson
YDix Y Dixon.H

Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Manner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson.D.H

Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox
YMann
Martin YMcBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley.B Y Mobley,J
Y Moore Y Mosley Y Mueller Y Oliver

Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YKay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,?

Y Smith,T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery
Y Trense Turnquest
YTwiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 49. By Representative Colwell of the 7th:
A resolution repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Boatick Y Breedlove Y Brooks,D Brooks.T Brown YBuck Y Buckner

YBunn E Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell

YCox Y Crawford Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis.M E Dickinson YDix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W

Y Godbee Y Golden Y Goodwin
Greene Y Groover
Y Hammond Y Banner Y Harris,B Y Harri8,M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes

Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson.J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence

WEDNESDAY, FEBRUARY 17, 1993

769

Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley,B
Y Mobley,J Y Moore Y Mosley

Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett
Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell

Randall Y Randolph YRay Y Reaves
Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skandalakis
Y Skipper Y Smith.C
Y Smith,L

Y Smith.P Y Smith.T Y Smith.V Y Smith,W Y Smyre YSnow
Stancil.F
Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague YTeper Y Thomas.C Y Tillman

Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmorland
White Y Williams,B Y Williams.R
YYates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 167. By Representatives Canty of the 52nd, Tillman of the 173rd, Holmes of the 53rd, Trense of the 44th and Campbell of the 42nd:
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.

The following Committee substitute 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 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 in accordance with criteria of the State Personnel Board; to authorize a supervisor to provide for documentation for the use of 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 in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. An employee shall not be required to

770

JOURNAL OF THE HOUSE,

provide documentation for the use of less than 17 hours of sick leave in any 30 day period, unless the employee has demonstrated excessive or abusive use of sick leave. The State Personnel Board shall establish rules and regulations that define excessive or abu sive use.
{b} |cj 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.
\cL)---i\ny cmpIoycc itt the ciftssiiicd service wfto n&s flccumuio.tcd SICK icflve sn&ii i&e authorized to trse such sfek leave in accordance with the criteria established m the rates

day by telephone te the appropriate authority. (e) If the appointing authority disagrees with the claim of sickness or need to utilize
sick leave made by the employee pursuant to subsection (d) of this Code section, the appointing authority may disapprove the use of such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure.
(f) The State Personnel Board shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1080 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 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 Ashe Y Atkins Y Bailey Y Baker Y Bannister N Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick N Breedlove N Brooks,D
Brooks.T Brown Y Buck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty N Carlisle Y Carrell

Y Carter
Y Cauthorn Y Chambless N Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman.B
Coleman.T Colwell Connell YCox
N Crawford N Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson YDix Y Dixon.H
Dixon,S Y Dobbs Y Dover Y Ehrhart

YEpps N Evans Y Felton Y Floyd,J.M N Floyd,J.W
N Godbee Y Golden Y Goodwin Y Greene Y Groover N Hammond Y Manner Y Harris.B Y Harris.M YHart
Y Heard Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y James

Y Jamieson Y Jenkins Y Johnson.D.H N Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd N Lakly NLane,D Y Lane,R N Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox
YMann Y Martin Y McBee

McClinton McKinney.B YMilam N Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pinholster YPoag Y Polak Y Porter Poston N Powell Y Purcell Randall

WEDNESDAY, FEBRUARY 17, 1993

771

Y Randolph
YRay Y Reaves
Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp

Y Simpson Y Sinkfield N Skandalakis N Skipper Y Smith,C Y Smith.L Y Smith,? Y Smith.T Y Smith.V Y Smith,W

Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Tumquest
Twiggs Y Vaughan Y Walker

Y Wall Y Watson Y Watts N Westmorland
White Y Williams,B Y Williams.R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 428. By Representatives Smith of the 174th and Crews of the 78th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and prohibitions to residents of this state who are members of the organized militia of another state.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T Y Brown YBuck
Y Buckner YBunn E Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childera Y Clark Y Coker Y Coleman,B
Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M E Dickinson YDix
Dixon.H Y Dixon,S YDobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W
Y Godbee Y Golden YGoodwin
Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H
Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver YO'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter
Poston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y StanciLF Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense
Tumquest Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmorland
White Y Williams.B Y Williams,R Y Yates 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.

772

JOURNAL OF THE HOUSE,

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on State Planning and Community Affairs - Local.

HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 304 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 593 Do Pass HR 120 Do Pass SB 25 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 286 Do Pass, by Substitute HB 653 Do Pass, by Substitute HB 714 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

WEDNESDAY, FEBRUARY 17, 1993

773

Mr. Speaker:

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

HB 143 Do Pass, by Substitute HB 446 Do Pass, by Substitute

HB 462 Do Pass HB 490 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 107 Do Pass, by Substitute HB 111 Do Pass HB 205 Do Pass

HB 311 Do Pass HB 162 Do Pass, by Substitute

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Walker of the 141st 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.

774

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 18, 1993

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 Dr. Max Hill, Pastor, First United Methodist Church, Eastman, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 791. By Representative Smith of the 174th: A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to define certain terms; to provide that food service establishments in this state shall restrict certain activities to specific areas.
Referred to the Committee on Industry.
HB 792. By Representatives Mobley of the 86th, Stephenson of the 25th and Jamieson of the 22nd: A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jackson County and the Superior Court of Barrow County.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 18, 1993

775

HB 793. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the districts from which commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 794. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 795. By Representative Parham of the 122nd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide a short title; to provide for legisla tive purpose; to define a term; to provide for prohibited practices relative to unreasonable restraints of trade, predatory business conduct, and discrimina tion in the pricing of commodities.
Referred to the Committee on Industry.

HB 796. By Representatives Jenkins of the 110th and Smith of the 109th:
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 prohibit the cable television broadcast or transmission of certain programs of entertain ment or information which are intentionally scrambled or unintelligible with out reasonable notice.
Referred to the Committee on Industry.

HB 797. By Representative Parham of the 122nd:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide a right for a party paying certain federal manu facturer's taxes under contract to have an option to time those payments to immediately precede that other party's requirement to remit these taxes to the Internal Revenue Service.
Referred to the Committee on Ways & Means.

HB 798. By Representatives Hammond of the 32nd, Skipper of the 137th, Cauthorn of the 35th, Holland of the 157th, Bostick of the 165th and others:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Anno tated, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, so as to provide that when the chemical analysis of a person's breath is taken by a law enforcement officer or other qualified person, the breath testing machine shall be operated with all of the electronic and operating components.
Referred to the Committee on Motor Vehicles.

776

JOURNAL OF THE HOUSE,

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.
Referred to the Committee on Ways & Means.

HB 801. By Representatives Turnquest of the 73rd, Mobley of the 69th and Canty of the 52nd:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to require licensure of natural hair care specialists.
Referred to the Committee on Health & Ecology.

HB 802. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candi date is disqualified; to change certain provisions relating to boards which assume the duties of election superintendents under certain circumstances.
Referred to the Committee on Governmental Affairs.

HB 803. By Representative Holmes of the 53rd:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, 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.
Referred to the Committee on Ways & Means.

HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for members retiring with more than 16 years of service.
Referred to the Committee on Retirement.

HB 805. By Representatives Felton of the 43rd, Lane of the 55th, Mobley of the 86th, Watts of the 26th and Lane of the 146th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipalities, so as to provide for legisla tive findings and authority; to provide for the creation of municipal charter commissions.
Referred to the Committee on State Planning & Community Affairs.

THURSDAY, FEBRUARY 18, 1993

777

HB 806. By Representative Buckner of the 95th:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Anno tated, relating to eligibility for retirement benefits under the District Attor neys' Retirement System and related matters, so as to provide that a member of such system may retire at the age of 60 with 20 years of credit able service.
Referred to the Committee on Retirement.

HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit under the Employees' Retirement Sys tem of Georgia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority.
Referred to the Committee on Retirement.

HB 808. By Representatives Davis of the 48th, McKinney of the 51st, Stanley of the 50th, Brooks of the 54th and Stanley of the 49th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to revise commissioner districts for the election of members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 810. By Representative Jenkins of the 110th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to amend definitions; to clarify procedures for adopting a zoning ordinance.
Referred to the Committee on State Planning & Community Affairs.

HB 811. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance rates, underwriting rules, and related organiza tions, so as to provide for a premium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements.
Referred to the Committee on Industrial Relations.

HR 287. By Representatives Towery of the 30th, Johnson of the 153rd, Walker of the 141st, Skandalakis of the 45th, Hughes of the 19th and others:
A resolution urging state correctional institutions to refrain from providing cable television or satellite television service to inmates.
Referred to the Committee on State Institutions & Property.

778

JOURNAL OF THE HOUSE,

HR 288. By Representative Smith of the 109th:
A resolution urging the State of Georgia and all departments, agencies, authorities, and other entities of the state government to buy American made goods.
Referred to the Committee on State Institutions & Property.

HR 290. By Representatives Holmes of the 53rd, McKinney of the 51st, Randall of the 127th, Stancil of the 16th and Brooks of the 54th:
A resolution proposing an amendment to the Constitution so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certificate of participation.
Referred to the Committee on Ways & Means.

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 303. By Representatives Towery of the 30th, Stancil of the 16th, Lee of the 94th, Lawrence of the 64th, Smith of the 174th and others:
A resolution urging the State School Superintendent and the State Board of Education to embrace the Olympic Spirit and create an Olympic Challenge in our public schools to motivate faculties, students, and parents to acceler ate academic improvement throughout the public schools of Georgia.
Referred to the Committee on Education.

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

HB 753 HB 754 HB 755 HB 756 HB 757 HB 758 HB 759
Ho 760
H HRB 77619
HR 7fiS
HR 7fi4
HR ?
HR Tfifi
HR 77
HR 7fi
HR 769
HB 771

HB 780 HB 781 HB 782 HB 783 HB 784 HB 785 HB 786
rig nan
1"J""D T'QQB
HB 789
HB 79
HB 7"
HB 809
HR 257
HR 258
HR 259
HR 26

HB 772 Tj"D TTO
HBK 77IA4 HB 775 HB 776 HB 777 HB 778 HB 779

^^ ^^ Hit 262
H HKP 0^bQd HR 264 HR 269 HR 270 HR 271 HR 272

THURSDAY, FEBRUARY 18, 1993

779

SB 96
SB 130 SB 139 SB 155

SB 162
SB 202 SB 212 SR 5

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee .on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 735 Do Pass HB 746 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 18, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:
HB 223 Coroners; annual training course HB 308 Outdoor advertising; Transportation Dept.; review of decision HB 352 Special alternative incarceration; felony offenses HB 353 County jails; deputy wardens; appointment HB 505 State building codes; extensively revise provisions HB 540 Insurance counselors; fees HB 551 Alcoholic beverages; tax payments; refund or credit HB 661 Transient merchants; business license; fee set by county
SR 64 Dept of Labor; disposition of properties; certain cities SR 68 Judge W. A. Foster, Jr., Bridge; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 735. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to create a board of elections and registration in Athens-Clarke County.

780

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 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 746. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act establishing the State Court of Wayne County, so as to increase the compensation of the judge and solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 550. By Representative Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Alma, so as to continue in office the mayor and certain members of the city council and provide for the expiration of their terms; to provide for council districts.

HB 595. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairperson and members of the board are elected.

HB 614. By Representative Cox of the 160th:
A bill to repeal an Act providing that vehicles shall be registered and licensed to operate for the ensuring calendar year and thereafter in Miller County during designated registration periods as provided in former Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 619. By Representatives Snow of the 2nd and Joyce of the 1st:
A bill to amend an Act creating a charter for the City of Chickamauga, so as to provide for an elected board of education for the City of Chickamauga as mandated by an amendment to the Constitution of Georgia, Article VIII, Section V, Paragraph II, and approved by the voters on November 3, 1992.

HB 636. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Johnson of the 97th and Lee of the 94th:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the date for the commission's annual report; to change the date of the commission's abolition.

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781

SB 113. By Senator Egan of the 40th:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Anno tated, relating to motion to suppress evidence illegally seized generally, so as to provide that a search and seizure with a warrant shall not be deemed ille gal in cases where evidence is obtained in good faith by officers who reason ably relied on a warrant that was issued by a detached and neutral judicial officer authorized to hold a court of inquiry.
SB 119. By Senators Edge of the 28th, Clay of the 37th, Balfour of the 9th and oth ers:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of drugs or alco hol and related matters, so as to provide that notice of the third or subsequent conviction of any person shall be published.
SB 128. By Senators Hemmer of the 49th, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage.
SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, relating to administrative procedure, so as to require each agency sub ject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any pro posed rule; to require the synopsis to contain certain information regarding the proposed rule.
SB 133. By Senators Ray of the 19th, Pollard of the 24th and Robinson of the 16th:
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 that, with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.
SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Asbestos Licensing Board, so as to provide that such board shall have the authority to require up to 24 hours of training for certain persons working with asbestos and to certify such persons.

SB 145. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Coastal Area Olympic Games Authority; to provide for a short title; to provide for findings and determinations; to provide for defi nitions; to provide for the creation of the authority; to provide for the mem bership of the authority; to provide for appointment, terms, vacancies, qualifications, and compensation of members of the authority; to provide for expenses relating to members of the authority.

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JOURNAL OF THE HOUSE,

SB 154. By Senators Madden of the 47th, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medi cal information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain cir cumstances; to provide for the extent of liability; to provide for waiver of such privilege.

SB 191. By Senators Taylor of the 12th, Turner of the 8th and Ragan of the llth:
A bill to amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the "Historic Chattahoochee Compact Act," so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions between members and voting members.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 8. By Senators Scott of the 36th and Oliver of the 42nd: A resolution creating the Capital Outlay for Education Task Force.

SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the granting of certain nonexclusive easements for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Geor gia; to provide an effective date.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 142. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to repeal the "Hospital Financing Authority Act".

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

SB 113. By Senator Egan of the 40th:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Anno tated, relating to motion to suppress evidence illegally seized generally, so as to provide that a search and seizure with a warrant shall not be deemed ille gal in cases where evidence is obtained in good faith by officers who reason ably relied on a warrant that was issued by a detached and neutral judicial officer authorized to hold a court of inquiry.
Referred to the Committee on Judiciary.

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783

SB 119. By Senators Edge of the 28th, Clay of the 37th, Balfour of the 9th and oth ers:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of drugs or alco hol and related matters, so as to provide that notice of the third or subsequent conviction of any person shall be published.
Referred to the Committee on Motor Vehicles.
SB 128. By Senators Hemmer of the 49th, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to prohibit any passenger in the front seat of a motor vehicle from possessing an open container of any alcoholic beverage.
Referred to the Committee on Motor Vehicles.
SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, relating to administrative procedure, so as to require each agency sub ject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any pro posed rule; to require the synopsis to contain certain information regarding the proposed rule.
Referred to the Committee on State Planning & Community Affairs.
SB 133. By Senators Ray of the 19th, Pollard of the 24th and Robinson of the 16th:
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 that, with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to amend Code Section 33-27-3 of the Official Code of Georgia Annotated, relating to required provisions of group life insurance policies, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.
Referred to the Committee on Insurance.
SB 135. By Senator Parrish of the 43rd:
A bill to amend Code Section 12-12-7 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Asbestos Licensing Board, so as to provide that such board shall have the authority to require up to 24 hours of training for certain persons working with asbestos and to certify such persons.
Referred to the Committee on Industry.
SB 145. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to create the Coastal Area Olympic Games Authority; to provide for a short title; to provide for findings and determinations; to provide for defi nitions; to provide for the creation of the authority; to provide for the mem bership of the authority; to provide for appointment, terms, vacancies, qualifications, and compensation of members of the authority; to provide for expenses relating to members of the authority.
Referred to the Committee on Industry.

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SB 154. By Senators Madden of the 47th, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medi cal information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain cir cumstances; to provide for the extent of liability; to provide for waiver of such privilege.
Referred to the Committee on Judiciary.
SB 191. By Senators Taylor of the 12th, Turner of the 8th and Ragan of the llth:
A bill to amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the "Historic Chattahoochee Compact Act," so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions between members and voting members.
Referred to the Committee on State Institutions & Property.

SR 8. By Senators Scott of the 36th and Oliver of the 42nd:
A resolution creating the Capital Outlay for Education Task Force.
Referred to the Committee on Education.
SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the granting of certain nonexclusive easements for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Geor gia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

SR 68. By Senator Dean of the 31st: A resolution designating the Judge W. A. Foster Jr., Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to the approval of the Board of Corrections, and shall serve at the pleasure of the county or the board.

THURSDAY, FEBRUARY 18,1993

785

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

HB 540. By Representatives Culbreth of the 132nd, Lord of the 121st, Williams of the 114th and Heard of the 89th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counselors, so as to define what shall be considered a separate transac tion with regard to fees received by insurance counselors.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 540 by adding on line 19 of page 1 after the word "services" and before the word "in" the following:
"for commercial risks".

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

HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such special alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infrac tion as determined through a formal disciplinary process implemented by the department.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 661. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 43-46-4 of the Official Code of Georgia Anno tated, relating to county licenses for transient merchants, license fees, trans fers of licenses, and scope of licenses, so as to change the provisions relating to such licenses and for fees therefor.

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 108, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Anno tated, relating to standards and requirements for the construction and altera tion of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes; to create within the office of the Commissioner of Insur ance a Construction Codes Division to enforce the provisions relating to state building, plumbing, electrical, and other such codes; to change the definition of certain terms; to define additional terms; to change the provisions relating to the adoption and continuation of state minimum standard codes; to change the provisions relating to the amendment and revision of codes generally; to change the provisions relating to the appointment of an advisory committee to assist in carrying out the provisions of certain laws applicable to state minimum standard codes; to provide for additional members on such advisory com mittee; to change the provisions relating to the state-wide application of state minimum standard codes; to change the provisions relating to the conformance of construction and design of buildings to the Georgia State Energy Code for Buildings; to provide for the con formance of construction and design of buildings to the state minimum standard codes; to change the provisions relating to the adoption by a municipality or county enforcing construction code of state minimum standard codes; to change the provisions relating to the scope of applicability of certain provisions of said chapter; to change the provisions relating to the effect of certain provisions of said chapter; to require state agencies to sub mit certain proposed rules applicable to construction or renovation of buildings to the Commissioner of Insurance prior to adoption; to provide for the transfer of certain person nel from the Department of Community Affairs to the office of the Commissioner of Insur ance; to provide for the rights of such personnel transferred; to provide for the transfer of records and files; to change certain references from the Department of Community Affairs to the Commissioner of Insurance; to provide for duties and authority for the Com missioner of Insurance; to change extensively the provisions relating to units designed to be affixed to foundations or existing buildings; to change the definition of a certain term; to provide for the regulation and enforcement of Part 1 of Article 2 of said chapter by the Commissioner of Insurance; to change the provisions relating to appeals from the application of rules and regulations; to provide for the promulgation of rules and regula tions by the Commissioner of Insurance; to provide for the Commissioner of Insurance to consult with the advisory committee created by Code Section 8-2-24 in drafting, adopting, and revising rules and regulations under Part 1 of Article 2 of said chapter; to repeal cer tain provisions relating to rules promulgated by the State Building Administrative Board under a previously enacted law; to provide for the effect of certain rules promulgated by the commissioner of community affairs; to repeal certain provisions relating to an advisory committee under Part 1 of Article 2 of said chapter; to provide for hearings and other administrative procedures to be conducted in accordance with the administrative proce dures provided under Chapter 2 of Title 33; to change certain references from the commis sioner of community affairs to the Commissioner of Insurance; to provide for related matters; to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relat ing to the regulation of fire and other hazards to persons and property generally, so as

THURSDAY, FEBRUARY 18, 1993

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to require the Safety Fire Commissioner to submit certain proposed rules to the advisory committee created in Code Section 8-2-24 for review, consideration, and recommendation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, is amended by striking in its entirety Part 2 of Article 1, relating to state build ing, plumbing, electrical, and other such codes, and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
8-2-20. As used in this part, the term: 4t)--'Board' means the Beafd- of Community Affairs. 43) (1) 'Commissioner' means the commissioner of- community affairs Commis
sioner of Insurance. 43)--'Department' means the Department of Community Affairs. 44) (2) 'Exempted building' means any of the following: (A) Any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3.4 British thermal units (BTUs) per hour per square foot of floor area for all purposes; (B) Any building which is neither mechanically heated nor mechanically cooled; (C) Any mobile home or manufactured home; and (D) Any building owned or leased in whole or in part by the United States. 4&) (3) 'Exterior envelope' means those elements of a building which enclose condi
tioned spaces through which thermal energy may be transferred to or from the exte rior.
46) (4) 'New building' means any building on which final design is commenced after the adoption of the Georgia State Energy Code for Buildings under this part.
4?) (5) 'Public building' means any building which is open to the public during normal business hours and is not an exempted building, including the following:
(A) Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes;
(B) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;
(C) Any portion of an industrial plant building used primarily as office space; and
(D) Any building owned by the state or a political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas, and university buildings. 48} (6) 'Renovated building' means either of the following:
(A) A building undergoing alteration of the exterior envelope; heating, ventila tion, and air-conditioning systems; water-heating systems; or lighting systems, for which the aggregate cost of alteration exceeds 10 percent of the assessed value of the building immediately prior to such alteration; or
(B) A building undergoing alteration in the physical configuration or interior space, for which the aggregate cost of alteration exceeds one-fourth 25 percent of the assessed value of the building immediately prior to such alteration. 4ft)--(A)--4*)--Per te October 1; 1001, 'state minimum standard codes' >ea8 the
following codes: 4D----Georgia State Housing Gedet 4H)--Georgia State Building Gede; (III) Georgia State Plumbing Gede; 4IV)--Georgia State Air Conditioning eatA Heating Code; 4V)----Georgia State Electrical Gode; and (VI) Georgia State Gas

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(ii) The tenn 'state minimum standard codes' shall specifically net inetade the Georgia State Energy Code for Buildings.
f\J\rl\l U- --lll-Jl Un11f<t1r>r1 O V_?/-Vf*fIA\KJJJiU-r1 X1 y 1ItnJnUtl, t-iSJl-'^U.l*'l^* m illiilnllilm llUum lll an+LnUnHrlUnUrir-1u l-*-U-JUl-- "3 *
the following eedest (7) (A) 'State minimum standard codes' means the following codes:
#> 01 Standard Building Code (SBCCI); {H} (ii) National Electrical Code as published by the National Fire Protection Association;
(iii) Standard Gas Code (SBCCI); (iv) Standard Mechanical Code (SBCCI); W (v) Georgia State Plumbing Code er the Standard Plumbing Code (SBCCI); 4V4) (vi) Council of American Building Officials One- and Two-Family Dwell ing Coder with the exception ef Part V--Plumbing (Chapters 20-26) ef said eeete; (VII) (vii) Georgia State Energy Code for Buildings as adopted by the State
BU11Q.1H AdHI111191?Q11VC oOSl*r ptlPSUflnt to ftft Act 8ppfOV6Q i\pni lOj" l.7 / O ^(jifti
Lr 1978; pr 2212), as sueh cede exists en September 30; 1991; (VIII) Standard F4fe Prevention Gede (SBCCI); (viii) Standard Housing Code (SBCCI); (ix) Standard Amusement Device Code (SBCCI); Excavation and Grading Code (SBCCI); (xi) Standard Existing Buildings Code (SBCCI); (XIII) (xii) Standard Swimming Pool Code (SBCCI); and (XIV) (xiii) Standard Unsafe Building Abatement Code (SBCCI).
{} (B) The codes provided in division {*} subparagraph (A) of this subparagraph paragraph shall mean such codes as they exist on October 4^ 1001 June 30, 1993, provided that the department, with the approval ef- the board, Commissioner may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23.
(C) References to any standard code in this part shall mean one of the standard codes listed in division {*} ef- subparagraph (A) e* division {i} ef subparagfaph {B} of this paragraph.
(D) The term 'state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted and enforced by the Safety Fire Commissioner pursuant to Code Section 25-2-13 and adopted pursuant to Code Section 25-2-4 and enforced by local governments, nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code.
8-2-20.1. There is created within the office of the Commissioner of Insurance a Con struction Codes Division. The Construction Codes Division shall be headed by a director appointed b^ the Commissioner. The director, subject to the approval of the Commis sioner, shall employ such office personnel as may be required to carry out this part. Staff shall be chosen by virtue of their previous training and experience in the particular duties which shall be assigned to them.
8-2-21 /p\ TVifi atflj'p minimum gf nyiHorH f^AHpfi whipfi WPTP nf0rm rf*rf nnH nHnntj*H
fey the State Building Administrative Beafd pursuant te a Act approved April 31; 1060
\vifl. DT ll/OU) PT OvS) j ftS t'IDCHCtGQ ^ ftS 3UCn COQCS 6X131 OH uUH oUf lyoy^ fitl*C ftClOptGCl

Code which wiH be continued as it exists e October 1; 1001, te facilitate the provisions ef subdivision (0)(B)(i)(V) ef Code Seetieft 8-2-20 and- the ether provisions ef- this partr The said Georgia State Plumbing Code may be amended thereafter as provided in- sabscction {a> ef Gede Section 8-2-23.
4b) Enforcement of the state minimum standard codes provided for in division (0)(B)(i) ef Code Section 8-2-20 shall not include enforcement of appendices to such codes except wnen:
(1) Any provision of an appendix is specifically referenced in the code text;

THURSDAY, FEBRUARY 18, 1993

789

(2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or county; or
(3) An appendix to a code is specifically adopted by the department with the approval ef the beard Commissioner. 8-2-22. Provisions for licensing trades, professions, and businesses covered by the provisions of this article shall be as determined by Chapter 14 of Title 43 and the rules and regulations of the State Construction Industry Licensing Board created in such chapter. 8-2-23. (a) (1) The department, with the approval ef the board, Commissioner may from time to time revise and amend the state minimum standard codes either e its ew motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state may from time to time revise and amend the state minimum standard codes. Upon approval by ft majority of- the board, eaefe Each such amendment, modification, or new provision shall be held to be in full force and effect as if it were included in the original adopted code. Prior to the adoption of any pro posed amendment, modification, or new provision, the department Commissioner or
his or her representative shall conduct such public hearings as are required by Chapter 13 of- Title 60; the 'Georgia Administrative Procedure Act,' the administrative pro
cedures under Chapter 2 of Title 33 for the adoption of rules. Such public hearings shall be conducted at such places, on such dates, and at such times as may be deter
mined by the deportment Commissioner. (2) Revisions of or amendments to the Georgia State Energy Code for Buildings
shall not become effective without the approval of the Office of Energy Resources.
The department Commissioner shall consult with the Office of Energy Resources dur ing the revision or amendment of such code and shall submit such revisions or amend
ments to the Office of Energy Resources for approval at least ten days prior to the adoption thereof.
(3) The deportment Commissioner shall make copies of amendments to codes
available to members of the general public at such price as it he or she deems reason able to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable
state wide shall be provided by the department Commissioner to the chief elected offi cial and the chief building enforcement official of a municipality or county and to the
chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments.
(4) The revision or amendment of any of the state minimum standard codes shall
have reasonable and substantial connection with the public health, safety, and general welfare.
(b) (1) The deportment, with the approvol ef the beard; Commissioner may adopt a new edition of any state minimum standard code either en its ewn motion or may do so upon recommendation from any profession, state agency, or political subdivision
of this state. Upon approval by a majority ef the board, each Each new code edition
shall be held to be in full force and effect as if it was the original adopted code. Prior to the adoption of any new edition of a state minimum standard code, the deportment Commissioner or his or her designee shall conduct such public hearings as are required
by Chapter 13 ef Title 60; the 'Georgia Adminiatrativc Procedure Aetr the administra tive procedures under Chapter 2 of Title 33 for the adoption of rules. Such public
hearings shall be conducted at such places, on such dates, and at such times as may be determined by the deportment Commissioner.
(2) Notwithstanding the provisions of Chapter 13 of Title 50, the 'Georgia Admin istrative Procedure Act,' Chapter 2 of Title 33, relating to administrative procedures, or any other provision of law, the department Commissioner shall not be required to
make available or to distribute any copies of a new edition of a state minimum stan dard code adopted by the department Commissioner.
8-2-24. (a) For the purpose of assisting the department Commissioner in carrying out the provisions of Code Seetie* Sections 8-2-23, 8-2-112, and 25-2-4, the commissiener Commissioner shall appoint an advisory committee to be composed of 31 24 mem
bers as follows:

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JOURNAL OF THE HOUSE,

(1) The Georgia Safety Fire Commissioner or his or her designee as an ex officio member with full voting privileges;
(2) The commissioner of human resources or his or her designee as an ex officio member with full voting privileges;
(3) The commissioner of community affairs or his or her designee as an ex officio member with full voting privileges;
(4) 6e representative Two representatives of the home building industry; (5) One representative of the industrialized building industry; (6) One representative of the general contracting multifamily dwelling construction industry; (7) One representative of the profession of mechanical engineering; (8) One licensed architect; (9) One licensed electrical engineer; (10) One representative of the manufactured homes industry; (11) One licensed electrical contractor; (12) One building material dealer; (13) One licensed plumbing contractor; (14) One licensed conditioned-air contractor; (15) One licensed structural engineer; (16) Few One municipal er county code enforcement officials; and official; (17) One county code enforcement official; (I1?) (18) Twe Three local fire officials; 7 (19) One elected official from a municipality; (20) One elected official from a county; and (21) One representative of industrialized building evaluation-inspection service. {b)--AH appointments te the committee snail be for a term of fear years; provided, however, that the initial members appointed pursuant te paragraphs {4}; W? (6)r W? 49}? (16), (16), and 4W) ef- subsection {a} ef this Code section shell be appointed for ft term te espire e the same date as the terms ef ether members. A member shall serve -anti! his succcaaor has bee daly appointed. T-he commiasieaer shall make appointments te Iill TAG uricX^MPd portion of ftny term v&cflted tor floy PBflson. TR ixi&niit^ such flppoin*~ ments, the commissioner shaH preserve the composition ef the committee as required by
qualifications fer original appointment shall thereby forfeit his membership en the committ&< A iiG commission? snflii iitivc until August x^ iyoUj to &ppomt trie mmDCPS &t the committee. Membership en the committee shaft net constitute public office, and- ne member shall be disqualified fre holding public office by virtue ef- his membership.
CjfiCn mOHlDCr Or LHC COH1HIIttee 9flLll SCPVC WltftOUt COHlpCH9ft11On) Out GCtCIl IH6111DCF fti
the committee shall be reimbursed (or travel and ether reasonable and- necessary expenses incurred by him white attending called meetings ef-the committee.
(b) All current appointments to the committee, with the exception of any appoint ments pursuant to paragraphs (1) through (3) of subsection (a) of this Code section, shall expire on July 31, 1993. The Commissioner shall appoint a new committee by August Ij, 1993. All appointments to the committee shall be for a term of four years. In making such appointments, the Commissioner shall preserve the composition of the committee as required by this Code section. Upon the expiration of terms of office, the Commissioner shall appoint successors to such committee. The Commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. A mem ber shall serve until his or her successor has been duly appointed. Any appointive mem ber who, during his or her term, ceases to meet the qualifications for original appointment shall thereby forfeit his or her membership on the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his or her membership. Each member of the com mittee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him or her while attending called meetings of the committee.
(c) The advisory committee shall be empowered to use subcommittees as it deems necessary to carry out its duties and responsibilities. Members of such subcommittees

THURSDAY, FEBRUARY 18, 1993

791

shall be knowledgeable of the subject matter with which the subcommittee is concerned and shall be appointed by the commissioner Commissioner upon the recommendation of the advisory committee. Such subcommittee members shall be reimbursed for travel and other necessary expenses while attending subcommittee meetings in the same manner as that of advisory committee members.
(d) Ay amendments, modifications, er new provisions te the state minimum atondard codes, when such are prepared, proposed, er recommended by the department, sii&ii) pflor to tiicir suomission TO trie DoflPCi tor flpprovfti, DC suDIHIttcci to MIC ftcivisory committee for review and consideration. T-he department shall net forward any saeh amendment, modification, or new provision te the beard without a favorable recommen dation ef a majority ef th advisory committee. Prior to any amendments, modifications. or new provisions to the state minimum standard codes being submitted to the Commis sioner for rule making as required in this Code section, such amendments, modifications, or new provisions shall be submitted to the advisory committee for review, considera tion, and recommendation. No such amendments, modifications, or new provisions to the
state minimum standard codes shall be submitted to the Commissioner without review and recommendation by the advisory committee.
(e) The advisory committee shall have at least two regular meetings annually and
shall meet at other times as determined by the commisaieHe* Commissioner. 8-2-24.1. Notwithstanding the provisions of subsection (d) of Code Section 8-2-24,
when any party has proposed an amendment, modification, or new provision to a state minimum standard code and the same has not received a favorable recommendation by the advisory committee, the aggrieved party may within 30 days after notification by the department Commissioner of the advisory committee's action file an appeal with the
beard Commissioner. Not more than 60 days after receiving such appeal, the feea*4 Commissioner shall make a determination whether to deny the appeal or to review the proposed amendment, modification, or new provision and make a determination on the
same pursuant to Code Section 8-2-23. 8-2-25. (a) On and after October 4; 1001, the The state minimum standard codes
enumerated in subdivisions (0)(B)(i)(I) through (Q)(B)(i)(VIII) divisions (7)(A)(i) through (7)(A)(vii) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The governing authority of any
municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection.
(b) The state minimum standard codes enumerated in subdivisions (0)(B)(i)(IX) through (Q)(B)(i)(XIV) divisions (7)(A)(viii) through (7)(A)(xiii) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The
governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection in that
subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the depart
ment Commissioner in order that such municipality or county may be apprised of subse quent amendments in the state minimum standard code so adopted.
(c) (1) In the event that the governing authority of any municipality or county
finds that the state minimum standard codes do not meet its needs, the local govern ment mayj with the exception of the Georgia State Energy Code for Buildings, provide
requirements not less stringent than those specified in the state minimum standard codes when such requirements are based on local climatic, geologic, topographic, or public safety factors; provided, however, that there is a determination by the local
governing body of a need to amend the requirements of the state minimum standard code based upon a demonstration by the local governing body that local conditions justify such requirements not less stringent than those specified in the state minimum
standard codes for the protection of life and property. All such proposed amendments shall be submitted by the local governing body to the department Commissioner 60
days prior to the adoption of such amendment. Concurrent with the submission of the proposed amendment to the department Commissioner, the local governing body shall submit in writing the legislative findings of the governing body and such other docu
mentation as the local governing body deems helpful in justifying the proposed

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amendment. The department Commissioner shall review and comment on a proposed amendment. Such comment shall be in writing and shall be sent to the submitting local government with a recommendation:
(A) That the proposed local amendment should not be adopted, due to the lack of sufficient evidence to show that such proposed local amendment would be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require such an amendment;
(B) That the proposed local amendment should be adopted, due to a preponder ance of evidence that such proposed local amendment would be as stringent as the state minimum standard codes and a preponderance of evidence that the local cli matic, geologic, topographic, or public safety factors require such an amendment; or
(C) That the department Commissioner has no recommendation regarding the adoption or disapproval of the proposed local amendments, due to the lack of suffi cient evidence to show that such proposed local amendment would or would not be as stringent as the state minimum standard codes and the lack of sufficient evidence to show that local climatic, geologic, topographic, or public safety factors require or do not require such an amendment. (2) The department Commissioner shall have 60 days after receipt of a proposed local amendment to review the proposed amendment and make a recommendation as set forth in paragraph (1) of this subsection. In the event that the deportment Com missioner fails to respond within the time allotted, the local governing body may adopt the proposed local amendment. (3) In the event that the department Commissioner recommends against the adop tion of the proposed local amendment, a local governing body shall specifically vote to reject the deportment's Commissioner's recommendations before any local amend ment may be adopted. (4) No local amendment shall become effective until the local governing body has caused a copy of the adopted amendment to be filed with the deportment Commis sioner. A copy of an amendment shall be deemed to have been filed with the deport ment Commissioner when it has been placed in the United States mail, return receipt requested.
(5) Nothing in this subsection shall be construed so as to require approval by the department Commissioner before a local amendment shall become effective.
(6) The deportment Commissioner shall maintain a file of all amendments to the state minimum standard codes adopted by the various municipalities and counties in the state, which information shall be made available to the public upon request. The deportment Commissioner may charge reasonable fees for copies of such information. An index of such amendments shall be included in each new edition of a state mini mum standard code.
(d) Except as otherwise provided in subsection (c) of this Code section, building related codes or ordinances dealing with the subjects of historic preservation, high-rise construction, or architectural design standards for which a state minimum standard code does not exist may be adopted by a local jurisdiction following review by the department Commissioner. The department's Commissioner's review shall be limited to a determina tion that the proposed code or ordinance is consistent with the approved state minimum standard codes when common elements exist and is not less restrictive than the require ment of said codes. Changes to all other state minimum standard codes shall be approved only pursuant to the provisions of this Code section regarding local amend ments.
(e) Amendments to state minimum standard codes adopted by local governments pursuant to this Code section after October 1, 1991, shall remain in force.
8-2-26. (a) The governing body of any municipality or county adopting any state minimum standard code shall have the power:
(1) To adopt by ordinance or resolution any reasonable provisions for the enforce ment of the state minimum standard codes, including procedural requirements, provi sions for'hearings, provisions for appeals from decisions of local inspectors, and any

THURSDAY, FEBRUARY 18, 1993

793

other provisions or procedures necessary to the proper administration and enforce ment of the requirements of the state minimum standard codes;
(2) To provide for inspection of buildings or similar structures to ensure compli ance with the state minimum standard codes;
(3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such codes and to provide for the authority, functions, and duties of such inspectors;
(4) To require permits and to fix charges therefor;
(5) To contract with other municipalities or counties adopting any state minimum standard code to administer such codes and to provide inspection and enforcement personnel and services necessary to ensure compliance with the codes; and
(6) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the state minimum standard codes within the boundaries of the other contracting party. (b) The commissieHer Commissioner shall be authorized to establish a training pro gram for local inspectors whereby his or her representative ef the deportment, upon the request of the governing authority of a county or municipality, may visit such county or municipality for the purpose of training the inspectors of such county or municipality in the effective enforcement of any state minimum standard code adopted by such county or municipality. The commissioner Commissioner may from time to time estab lish regional training programs whereby the inspectors of several different counties and
municipalities may take advantage of the training made available by such regional train ing programs.
(c) No local inspector shall require any person performing work in compliance with
a state minimum standard code or variations thereto which are in conformity with the provisions of this part to comply with the standards of any other building code not cov ered by this part.
8-2-27. (a) The design, erection, construction, and alteration of any building to which the Georgia State Energy Code for- Buildings state minimum standard codes shall
apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to such code.
(b) Enforcement of compliance with this Code section shall be solely the province of local governing authorities, except in regard to buildings owned by the state. In state owned buildings, the state agency which owns the building shall provide for the compli
ance with the code adopted under this part. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of the code and
to adopt such penalties for violation of the code as they deem appropriate. Local govern ing authorities are authorized to exercise all the powers enumerated in subsection (a) of Code Section 8-2-26 in enforcement of the Georgia State Energy Code for Buildings
state minimum standard codes. (c) The Georgia State Energy Code for Buildings shall not apply to exempted build
ings; and, with respect to renovated buildings, such code shall apply only to portions or systems of the building which are directly involved in the renovation.
(d) The commissteftef Commissioner or his or her designated representative shall
have authority to hear appeals relating to the interpretation, enforcement, and adminis tration by local governing authorities of the Georgia State Energy Code for Buildings state minimum standard codes and exceptions to such cede codes. The commissioner
Commissioner may, at his or her option, hear de novo cases but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted. If, on appeal, the commiasMBef Commissioner
determines that the local governing authority erred in its interpretation of the code, he or she shall remand the case to the local government with instructions to take such action as he or she directs. Further appeals may be made as provided by Chapter 43
ef- Title 69; th 'Georgia Administrative Procedure Act.' the administrative procedures under Chapter 2 of Title 33.
8-2-28. On eatd after October i; 1001, any Any municipality or county either enforc ing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part.

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8-2-29. In addition to any other powers granted by this part, the department Com missioner shall have the power to:
(1) Administer all funds available under this part; (2) Accept any grant of funds made by the United States government or any agency thereof for the purpose of carrying out this part; (3) Request from the various departments, agencies, and authorities of the state and its political subdivisions such available information as it the Commissioner may require in its his or her work; and all such departments, agencies, and authorities shall furnish, within a reasonable time, such requested available information to the depart ment Commissioner; (4) Contract with the United States government or agencies thereof, with political subdivisions of the state, and with private persons and corporations; and (5) Do all other things necessary and proper to exercise its his or her powers and perform its his or her duties in accordance with this part. 8-2-30. (a) Except as otherwise provided in this Code section, this part shall apply to all installations, alterations, and repairs of structural, gas, signal, fire safety, plumb ing, air-conditioning and heating, or electrical systems within or on public or private buildings, structures, or premises. (b) This part shall not apply to the installation, alteration, or repair of plumbing, air conditioning and heating gas, signal, or electrical systems up to and including the meters, where such work is performed by or is an integral part of the system owned or operated by a public service corporation or by the water or gas department of any city in this state in rendering its duly authorized service as such. (c) This part shall not apply to the installation, alteration, or repair of plumbing, tarconditioning and heating gas, signal, fire safety, or electrical systems where such work is an integral part of the system owned or operated, in rendering its duly authorized ser vice as such, by a railroad company, a pipeline company, a mining company, or a public utility in the exercise of its normal functions as a public utility, or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry. (d) This part shall not prohibit an individual from installing, altering, or repairing structural, gas, signal, or fire safety systems and fixtures, plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a single-family dwelling owned and occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department Commissioner. (e) This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a farm or ranch building owned or occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department Commissioner.
(f) This Code section shall not affect or abrogate the requirements of the Georgia State Energy Code for Buildings.
8-2-31. (a) Nothing in this part shall repeal or be construed as abrogating or other wise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable provisions of law; provided, however, that state agencies that adopt rules and regulations regarding the construction or renovation of buildings or systems within or on buildings shall, before adoption, submit a copy of such proposed rule or regulation to the Commissioner at least 45 days before adoption.
(b) Nothing in this part shall be construed as repealing or otherwise affecting autho rization for historic preservation districts established pursuant to Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act.'
(c) Nothing in this part shall be construed as repealing or otherwise affecting:
(1) Part 6 of this article, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks;

THURSDAY, FEBRUARY 18, 1993

795

(2) Chapter 11 of Title 34, the 'Boiler and Pressure Vessel Safety Act'; (3) Chapter 3 of Title 30, relating to access to and use of public facilities by physi cally handicapped persons with disability; or (4) The Georgia State Fire Code as adopted by the Safety Fire Commissioner pur suant to Code Section 26-2-18 Chapter 2 of Title 25 and the rules and regulations adopted pursuant to Article 10 of Chapter 1 of Title 10, the 'Liquefied Petroleum Safety Act of Georgia,' except as otherwise provided b^ Code Section 8-2-24. (d) Standards for the construction of manufactured homes covered under Part 2 of Article 2 of this chapter shall be governed by the National Manufactured Housing Con struction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and nothing in this part is intended to permit the adoption of any other standards for or local regulation of the construction of manufactured homes. \c/otfluQflrc*9 rcifltivc 1*0 ticjuc11cci pctroicuHft 0.9 sriflix DC ovcmcu oy /VFticic TTT GT vjfiQptGF T of 1 it-ic "iv fi.uct no provision 0t til19 pftrt sfiftti DC construed T permit tftc adoption of standards, rules, e* regulations relative te liquefied pctfolcum gas by the Department of Community Affaira er the adoption by teea} governments ef- regulations er ordinances relative te liquefied petroleum gas conflict with- Article W> ef- Chapter
T Or 1 ivi6 AU
8-2-32. (a) The staff and personnel of the Building Codes Program at the Depart ment of Community Affairs are transferred to the office of the Commissioner of Insur ance. Such state employees transferred shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel pro grams as they were heretofore entitled or otherwise authorized. Any legal contracts pre viously entered into by the Department of Community Affairs which are in effect are transferred and shall continue under the office of the Commissioner of Insurance until their normally prescribed termination or expiration.
(b) All records, files, and equipment used by the Building Codes Program presently housed in the Department of Community Affairs are transferred to the office of the Commissioner of Insurance."
Section 2. Said chapter is further amended by striking in its entirety Part 1 of Arti cle 2, relating to units designed to be affixed to foundations or existing buildings, and inserting in lieu thereof a new Part 1 to read as follows:
"Part 1
8-2-110. The General Assembly finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production tech niques which can substantially reduce construction costs and that the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The General Assembly further finds that, by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of building construction costs and to make building and home ownership more feasible for all residents of the state.
8-2-111. As used in this part, the term: (1) 'Commissioner' means the commiasieaef ef community affairs Commissioner of
Insurance. (2) 'Component' means any assembly, subassembly, or combination of parts for use
as a part of a building, which may include structural, electrical, plumbing, mechanical, and fire protection systems and other systems affecting health and safety.
(3) 'Industrialized building' means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof.
(4) 'Installation' means the assembly of an industrialized building on site and the process of affixing the industrialized building, component, or system to land, a founda tion, footings, or an existing building.

796

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(5) 'Local government' means a county or municipality of this state. (6) 'Manufacture' means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials.
(7) 'Site' means the entire tract, subdivision, or parcel of land on which the indus trialized building is installed.
(8) 'System' means structural, plumbing, mechanical, electrical, or fire safety ele ments, materials, or components used separately or combined for use in a building. 8-2-112. (a) (1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commiasiene* Commissioner.
(2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufac ture in accordance with standards established by the commissioner Commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner Commis sioner shall be notified of the installation of all such buildings in a manner as the commissioner Commissioner shall prescribe by rule. (b) (1) All industrialized buildings bearing an insignia of approval issued by the commissioner Commissioner pursuant to this part shall be held to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commioaieBer Commissioner of the scope of such approval is final.
(2) No industrialized building or component bearing an insignia of approval issued by the eemmiaaienef Commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner Commissioner.
(3) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner Commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commiaaiener Commissioner under this part shall be adopted pursuant to Chapter i3 of Title 60; the 'Georgia Administra tive Procedure Act.' the administrative procedures under Chapter 2 of Title 33. 8-2-113. (a) The commisaioner Commissioner shall promulgate rules and regulations to interpret and make specific the provisions of this part. These rules and regulations shall include provisions imposing requirements reasonably consistent with recognized, nationally accepted standards. The commissioner Commissioner shall adopt other rules and regulations necessary to carry out the provisions of this part. (b) The commiaaionef Commissioner shall enforce the provisions of this part and the rules and regulations adopted pursuant hereto to this part, except that inspection authority may be delegated to a local government agency, an approved inspection agency, or an agency of another state in such manner as the commioaioBer Commissioner
shall determine. (c) The rules promulgated by the State Building Administrative Beard pursuant to
dfi Act providing tof ccriit icfl* loft of iQctO'Fy Duiit fiousin^j ctnu tor MIC cstfl DIisniucni or uniform health and safety standards and inspection procedures for factory bwHt housing,
approved April 4; 1071 {* fc 1071, p~. 364) commissioner of community affairs, as amended, shall continue in full force and effect until the effective date of rules adopted
pursuant to this part. Units approved under the provisions of the State Building Admin istrativc Board's rules promulgated by the commissioner of community affairs shall be
deemed to comply with the requirements of rules promulgated pursuant to this part. (d) The commiaaioBer Commissioner shall consult with and obtain the advice of an
advisory committee en industrialized buildings created by Code Section 8-2-24 in the

THURSDAY, FEBRUARY 18, 1993

797

drafting, promulgation, and revision of rules and regulations to be adopted for the pur pose of this part. 3%e committee shall consist ef -H members appointed by the commis sioner ad approved by the Governor te serve at the commissioner's pleasure. Members ef said committee shall consist ef technically qualified, interested, and affected persons appointed by the commissioner from the following professional, technical, and occupa tional fields:
&)--9ne member shall be associated with the practice ef architecture; {3)--One member shall be associated with the practice ef- structural engineering; 43)--9ne member shall be associated with building cede enforcement; 44)--One member shall be associated with the practice ef mechanical engineering er contracting',
\O/--vJHC Hl&fil DCF SllCtli i& 133OC1fttCQ Wltft 1116 pFflClKJC Of CiCClflCfti 6H1HCCF1H OF
contracting; 46)--One member shall be frem the industrialized building industry; 4?)--9ne member shall be a member ef a municipal governing body; 48)--One member shall be a member ef the governing bedy ef a county; 49)--One member shall be associated with the industrialized building evaluation-
inspection service; (10) One member shall be fre a regional development center; and^Li./' vine mcBiDGr 3IIiii DC ftppoiHt&d from &fty stfltc fluency ftCtivciy involved

bers ef the advisory committee shall be reimbursed for any reasonable and necessary
committee. iidQ*ions IPOD& tins committee snoii 196 suojcct TO ftppFovftx '
ery committee appointed by the commissioner pursuant te Gede Section 8-8-34? (g) (e) The commissioner Commissioner may set qualifications and employ and fix
the compensation of any state inspectors or other employees necessary to carry out the provisions of this part. The commissioner Commissioner may authorize such state inspectors to travel within or without outside the state for the purpose of inspecting industrialized buildings and manufacturing facilities to determine compliance of such structures with standards promulgated pursuant to this part. Upon the request of a local government, the commissioner Commissioner may authorize a state inspector to visit any site of installation of industrialized buildings for the purpose of inspecting such installa tion on behalf of the local government requesting such service. The cost of any inspec tions made pursuant to this subsection shall be borne by the manufacturer in such manner as the commissioner Commissioner may prescribe by rule.
4h) (f) The commissioner Commissioner may establish necessary training programs for a local government enforcement agency and inspection agency personnel.
8-2-114. (a) If the commissioner Commissioner determines that the standards for construction and inspection of industrialized buildings prescribed by statute or rule of another state are reasonably consistent with the standards developed by the commissienef Commissioner under this part and that such standards are actually enforced by such other state, the commissieaef Commissioner may provide by rule that industrial ized buildings approved by such other state are approved by the commiaaienef Commis sioner.
(b) The commissioner Commissioner may assign inspection authority contained in this part by contract with political subdivisions of the State of Georgia, private persons, corporations, and associations.
8-2-115. (a) Any person aggrieved by the application of any rule or regulation to such person, which rule or regulation is promulgated pursuant to this part, may appeal such application of such rule or regulation. Any such appeal shall be made to an appeals committee appointed by the commissioner Commissioner which shaS consist ef net less
(b) The commissioner Commissioner may promulgate rules and regulations pertain ing to the hearing of appeals consistent with the provisions of this Code section.

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(c) A final decision of appeals committee ef the commissioner Commissioner may be appealed in the same manner specified in Chapter W ef Title 60; the 'Georgia Administrative Procedure Act,' the administrative procedures under Chapter 2 of Title 33 to the same courts with the same rights and limitations specified in such chapter.
8-2-116. The commissioner Commissioner may obtain injunctive relief from the supe rior court to enjoin the sale, delivery, or installation or to require the inspection, repair, or removal of an industrialized building upon an affidavit specifying the manner in which the industrial building does not conform to the requirements of this part or to rules and regulations promulgated pursuant to this part. In order to avail himself or her self of the remedies provided for in this Code section, it shall not be necessary for the commissioner Commissioner to allege or to prove the absence of an adequate remedy at law.
8-2-117. Notwithstanding any other remedy at law, a person who suffers an injury to his or her person or property or to his or her person and property as a result of a violation of this part or rules and regulations adopted pursuant hereto to this part shall have a cause of action against the manufacturer, installer, or dealer, or any combination thereof, of the industrialized building causing such injury. Any award may include dam ages and the cost of litigation, including reasonable attorney's fees.
8-2-117.1. Whenever the commissioner Commissioner has reason to believe that any person is or has been violating provisions of this part, the commissioner Commissioner may issue and deliver to such person an order to cease and desist such violation. In addition, the commiaaieBer Commissioner may impose a penalty not to exceed $1,000.00 for each day the violation exists. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved. Decisions made pur suant to this Code section may be appealed as provided for in Chapter 13 ef rFitte 60; the 'Georgia Administrative Procedure Act.' the administrative procedures under Chap ter 2 of Title 33.
8-2-118. A person who violates any of the provisions of this part or any rule or regu lation adopted pursuant hereto to this part shall be guilty of a misdemeanor. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved.
8-2-119. The provisions of this part shall not apply to Part 2 of this article relating to manufactured homes.
8-2-120. The commissieaer Commissioner or the authorized representatives of the commissioner Commissioner may enter at reasonable times any factory, warehouse, site, or establishment in which industrialized buildings are manufactured, stored, held for sale, or installed for the purpose of ascertaining whether the requirements of this part and the rules and regulations issued pursuant to this part have been and are being met.
8-2-121. Each manufacturer, dealer, or installer of industrialized buildings shall establish and maintain such records, make such reports, and provide such information as the commissioner Commissioner may require by rule or regulation in order to deter mine whether the manufacturer, dealer, or installer has acted or is acting in compliance with this part. The commisaioncr Commissioner may inspect the appropriate books, papers, records, and documents relevant to determining whether the manufacturer, dealer, or installer has acted or is acting in compliance with this part. This authority
shall be liberally construed. 8-2-122. (a) The staff and personnel of the industrialized building program at the
Department of Community Affairs are transferred to the office of the Commissioner of Insurance. Such state employees transferred shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state per sonnel programs as they were heretofore entitled or otherwise authorized. Any legal con tracts previously entered into by the Department of Community Affairs which are in effect are transferred and shall continue under the office of the Commissioner of Insur ance until their normally prescribed termination or expiration.
(b) All records, files, and equipment used by the Industrialized Building Program of the Department of Community Affairs are transferred to the office of the Commissioner of Insurance."

THURSDAY, FEBRUARY 18, 1993

799

Section 3. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, is amended by striking in its entirety Code Section 25-2-4, relating to the adoption of rules and regula tions by the Safety Fire Commissioner, and inserting in lieu thereof a new Code Section 25-2-4 to read as follows:
"25-2-4. The Commissioner shall adopt such rules and regulations as he or she deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings and those buildings and structures listed in Code Section 25-2-13. All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12, and 25-2-12.1. Before the Commis sioner shall adopt as a part of his or her rules and regulations for the enforcement of this chapter any of the principles of the various codes referred to in this chapter, he or she shall first consider and approve them submit the proposed rule or regulation to the advisory committee created in Code Section 8-2-24 for review, consideration, and recom mendation. The Commissioner shall then approve such rules and regulations as he or she deems reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Thomas of the 100th moves to amend the Committee substitute to HB 505 by striking "the advisory committee created by Code Section 8-2-24" and inserting in its place "an advisory committee" on lines 19 and 20 of page 2.
By striking line 17 of page 30 through line 13 of page 32 and inserting in its place the following:
"(d) The commiaaieBef Commissioner shall consult with and obtain the advice of an advisory committee on industrialized buildings in the drafting, promulgation, and revi sion of rules and regulations to be adopted for the purpose of this part. The advisory committee on industrialized buildings shall consist of 11 members appointed by the commiaatenef Commissioner and approved by the Governor to serve at the commiaaionert Commissioner's pleasure. Members of said- the advisory committee on industrialized buildings shall consist of technically qualified, interested, and affected persons appointed by the commiaaieftef Commissioner from the following professional, technical, and occupational fields:
(1) One member shall be associated with the practice of architecture; (2) One member shall be associated with the practice of structural engineering; (3) One member shall be associated with building code enforcement; (4) One member shall be associated with the practice of mechanical engineering or contracting; (5) One member shall be associated with the practice of electrical engineering or contracting; (6) One member shall be from the industrialized building industry; (7) One member shall be a member of a municipal governing body; (8) One member shall be a member of the governing body of a county; (9) One member shall be associated with the industrialized building evaluationinspection service; (10) One member shall be from a regional development center; and (11) One member shall be appointed from any state agency actively involved with housing.

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(e) The advisory committee on industrialized buildings shall meet on call by the commissieBef Commissioner, and the members of the advisory committee on industrial ized buildings shall be reimbursed for any reasonable and necessary travel and other expenses actually incurred by them while attending meetings of said the advisory com mittee on industrialized buildings.
\i) "A6coixim6iiuflbions n*om 11119 comnn11tec siicuz DC suojcct to flpppOTtu wy nix fltivis*' ery committee appointed by the commissieBef pursuant te Code Section 8'2-24.
{g) (f) The commissieBef Commissioner may set qualifications and employ and fix the compensation of any state inspectors or other employees necessary to carry out the provisions of this part. The commisaioncf Commissioner may authorize such state inspectors to travel within or without outside the state for the purpose of inspecting industrialized buildings and manufacturing facilities to determine compliance of such structures with standards promulgated pursuant to this part. Upon the request of a local government, the commiaaieaer Commissioner may authorize a state inspector to visit any site of installation of industrialized buildings for the purpose of inspecting such installa tion on behalf of the local government requesting such service. The cost of any inspec tions made pursuant to this subsection shall be borne by the manufacturer in such manner as the commiaaioncr Commissioner may prescribe by rule.
{a} (g) The commissieBef Commissioner may establish necessary training programs for a local government enforcement agency and inspection agency personnel."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

NAshe Y Atkins
Y Bailey N Baker N Bannister
N Barfoot N Bargeron EBarnes
N Bates Y Benefield
N Birdsong Bordeaux
Y Bostick N Breedlove
N Brooks,D N Brooks,T
Brown NBuck Y Buckner NBunn N Burkhalter
Byrd N Campbell N Canty N Carlisle N Carrell N Carter Y Cauthorn Y Chambless N Chandler N Channel! N Childers Y Clark Y Coker N Coleman.B
Coleman.T

Colwell N Connell YCox Y Crawford N Crews N Culbreth Y Cummings N Davis.G Y Davis,M E Dickinson YDU N Diion,H N Diion.S YDobbs
Dover Y Ehrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden N Goodwin
Greene N Groover Y Hammond N Hanner N Harris,B N Harris.M
YHart N Heard N Hegstrom N Hembree N Henson Y Holland

N Holmes N Howard
Hudson Y Hughes N Hugley N James N Jamieson E Jenkins
Johnson,D.H N Johnson,E N Johnson,G N Johnson,J N Johnston
Jones Y Joyce NKaye Y Kinnamon Y Klein
YLadd N Lakly N Lane,D
NLane,R N Lawrence N Lawson
YLee N Lewis YLord Y Lucas N Maddox YMann
Martin McBee N McClinton McKinney.B NMilam N Mills

N Mobley,B N Mobley.J N Moore Y Mosley N Mueller
N Oliver N O'Neal NOrrock
Y Padgett N Parham
Parrish
N Patten N Pelote N Perry N Pinhotater NPoag NPolak N Porter YPoston N Powell NPurcell
Randall N Randolph NRay Y Reaves N Reichert
Roberts Y Royal
Scoggins N Shanahan N Sherrill
N Shipp Y Simpson
Sinkfield E Skandalakis N Skipper

N Smith.C Y Smith,L N Smith,P Y Smith,T N Smith,V N Smith.W
Smyre
YSnow Y Stancil,F N Standl.S
Stanley.L Stanley,? N Stephenson S treat N Taylor YTeague YTeper Y Thomas,C NTillman N Titus NTowery
NTrense N Turnquest NTwiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmorland
White N Williams.B N Williams.R
YYates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 45, nays 107. The amendment was lost.

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

THURSDAY, FEBRUARY 18, 1993

801

NAshe N Atkins
Bailey Y Baker N Bannister Y Barfoot Y Bargeron E Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T Y Brown
YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers N Clark N Coker N Coleman,B
Coleman.T

Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth N Cummings N Davis.G N Davis.M E Dickinson
NDU Y DUon,H
Y Dixon,S N Dobbs Y Dover N Ehrhart
YEpps N Evans N Felton Y FloydJ.M Y Floyd,J.W YGodbee N Golden N Goodwin
Greene Y Groover Y Hammond Y Hanner Y Harris,B N Harris.M YHart N Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes Y Howard Y Hudson N Hughes N Hugley
N James Y Jamieson E Jenkins N Johnson.D.H Y Johnson.E N Johnson,G N Johnson,J N Johnston
Jones N Joyce
NKaye N Kinnamon N Klein
NLadd N Lakly Y Lane.D
YLane.R N Lawrence
N Lawson YLee N Lewis NLord Y Lucas N Maddos NMann
Martin McBee Y McClinton McKinney,B NMilam N Mills

Y Mobley,B Y Mobley,J N Moore
Y Mosley N Mueller Y Oliver N O'Neal Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry N Pinholster
NPoag Y Polak Y Porter
YPoston Y Powell YPurcell
Randall
Y Randolph NRay Y Reaves Y Reichert
Roberts Y Royal
Scoggins
N Shanahan Y Sherrill N Shipp Y Simpson
Sinkfleld E Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T N Smith,V Y Smith,W
Smyre YSnow Y Stancil,F N Stancil,S
Stanley ,L
Stanley,? Y Stephenson
Y Streat Y Taylor
NTeague NTeper Y Thomas.C NTillman Y Titus N Towery
NTrense Y Turnquest
YTwiggs N Vaughan Y Walker
N Wall Y Watson Y Watts N Westmorland
White Y Williams,B N WilliamsJR
NYates Y Yeargin
Murphy ,Spkr

On the adoption of the Committee substitute, the ayes were 89, nays 71.

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

NAshe Y Atkins
Bailey Y Baker N Bannister YBarfoot Y Bargeron E Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks,D Y Brooks.T Y Brown YBuck Y Buckner NBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle
Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis,G N Davis,M E Dickinson NDix Y Dixon.H Y Dixon.S NDobbs Y Dover N Ehrhart

YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee N Golden Y Goodwin
Greene Y Groover Y Hammond Y Manner Y Harris.B N Harris,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson N Holland Y Holmes Y Howard Y Hudson N Hughes
Y Hugley Y James

Y Jamieson
Jenkins Y Johnson,D.H
Y Johnson,E Y Johnson.G N Johnson.J N Johnston
Jones N Joyce NKaye Y Kinnamon Y Klein NLadd Y Lakly YLane,D Y Lane,R N Lawrence N Lawson
YLee Y Lewis NLord Y Lucas N Maddox NMann
Martin McBee

Y McClinton McKinney.B
YMilam N Mills Y Mobley,B Y Mobley,J N Moore Y Mosley N Mueller
Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry N Pinholster
YPoag Y Polak Y Porter YPoston Y Powell Y Purcell
Randall

802

JOURNAL OF THE HOUSE,

Y Randolph Y Ray
Y Reaves Y Reichert
Roberts Y Royal
Scoggins Y Shanahan Y Sherriil YShipp

Y Simpson Sinkfield
E Skandalakis Y Skipper Y Smith.C YSmith,L Y Smith.P Y Smith.T N Smith,V Y Smith,W

Smyre Y Snow
Y Stancil,F N Stancil,S
Stanley,L Stanley,? Y Stephenson Y Streat Y Taylor Y Teague

N Teper Y Thomas.C
Y Tillman Y Titus Y Towery N Trense Y Turnquest Y Twiggs Y Vaughan Y Walker

Y Wall Y Watson
Y Watts Y Westmoreland
White Y Williams.B Y William8,R N Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 124, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative McBee of the 88th 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 223. By Representative Parham of the 122nd:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to change the provisions relating to the par ticipation by coroners and deputy coroners in an annual training course.

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 551. By Representatives Dixon of the 168th, Barnes of the 33rd, Golden of the 177th and Scoggins of the 24th:
A bill to amend Code Section 3-2-13 of the Official Code of Georgia Anno tated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages.

The following amendment was read and adopted:

Representative Dixon of the 168th moves to amend HB 551 by adding immediately following the word and symbol "applicability;" on line 7 of page 1 the following:
"to amend Code Section 3-6-26 of the Official Code of Georgia Annotated, relating to the delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers, so as to authorize wine deliveries in vehicles owned or leased by a whole sale dealer's employees;".
By adding between lines 20 and 21 on page 3 the following:
"Section 2. Code Section 3-6-26 of the Official Code of Georgia Annotated, relating to the delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 3-6-26 to read as follows:
'3-6-26. All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance

THURSDAY, FEBRUARY 18, 1993

803

owned, or leased, and operated by a wholesale dealer, or owned, or leased, and oper ated by a wholesale dealer's employee, who is designated to deal in the brands of wines sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The wine so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.'"
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By adding on line 23 of page 3 following the word "and" the following:
"Section 1 of this Act".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 308. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th and Streat of the 167th:
A bill to amend Code Section 32-6-95 of the Official Code of Georgia Anno tated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to outdoor advertising signs, so as to specify time limits for judicial review of a Depart ment of Transportation final agency decision; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to outdoor advertising signs, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 32-6-95 to read as follows:
"32-6-95. (a) In addition to the procedures and remedies afforded by this part, any person, firm, or corporation who owns, uses, leases, or subleases any outdoor advertising sign which is controlled by this part or who owns property on which a sign is located shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to the erection, maintenance, or use of outdoor advertising signs.
(b) It is specifically declared that the procedures provided in Code Sections 50-13-13 through 50-13-22 may be employed in cases wherein the department believes that a sign has been erected or is being maintained or used in violation of this part. After conduct ing the hearing required by Code Section 50-13-13, the commissioner or his the commis sioner's designee, hearing officer, or others are authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal as defined by paragraph (6) of Code Section 32-6-71. In the event that the com missioner or his the commissioner's designee, hearing officer, or others find that a sign

804

JOURNAL OF THE HOUSE,

is illegal and order its disassembly and removal, the party or parties against whom the order is directed shall be given 96 120 days from the date of the order in which to disassemble and remove the sign. In the event the party or parties against whom the order is directed fail to comply with the order, the department may disassemble and remove the sign in accordance with Code Section 32-6-96.
(c) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the commissioner or the commissioner's designee, hearing officer, or others in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' if the superior court in which the petition for review is filed does not hear the case within 120 days from the date the petition for review is filed with the court, the final agency decision shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within 120 days has been continued to a date certain by order of the court. In the event a hear ing is held later than 120 days after the date the petition for review is filed with the superior court because a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court, the final agency decision shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 60 days after the date of the continued hearing. If a case is heard within 120 days from the date the petition for review is filed, the final agency decision shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 60 days of the date of the hearing.
(d) A decision of the agency affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (c) of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Dobbs of the 92nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 505.

SR 64. By Senators Starr of the 44th, Robinson of the 16th, Hooks of the 14th and others:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham 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 113, nays 3.

THURSDAY, FEBRUARY 18, 1993

805

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

The following Resolutions of the House were read and adopted:

HR 291. By Representative Oliver of the 154th: A resolution recognizing and commending Dr. Linda Hayden.

HR 292. By Representative Pelote of the 149th: A resolution recognizing Miss Sherolyn Ford.

HR 293. By Representative Pelote of the 149th:
A resolution congratulating Mr. and Mrs. Clarence Green on the occasion of their fiftieth wedding anniversary.

HR 294. By Representative Pelote of the 149th: A resolution recognizing Mrs. Piccola 0. Pelote.

HR 295. By Representative Pelote of the 149th: A resolution honoring Mrs. Hattie Doe on the occasion of her 100th birthday.

HR 296. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A resolution commending Coleman W. Dangerfield Jr., Ph.D., of the Univer sity of Georgia.

HR 297. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution in memory of Captain Jeffrey Stewart Wright, U.S.M.C.

HR 298. By Representatives Smith of the 109th, Carlisle of the 107th, and Maddox of the 108th:
A resolution commending Dr. Mary Jane Owen.

HR 299. By Representatives Shipp of the 38th and Vaughan of the 34th:
A resolution commending and recognizing the North Cobb High School marching band.

HR 300. By Representatives Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A resolution commending John E. Gunter, Ph.D. of the University of Geor gia.

HR 301. By Representative Jamieson of the 22nd: A resolution commending Reverend Claude Smithmier.

HR 302. By Representatives Patten of the 176th and Floyd of the 138th:
A resolution recognizing the historical significance of this one hundred sec ond anniversary of the first official celebration of Arbor Day in Georgia.

806

JOURNAL OF THE HOUSE,

Representative White of the 161st moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.

The motion prevailed.

Representative Chambless of the 163rd moved that further consideration of HB 603 be postponed until March 3, 1993 immediately following the period of unanimous consents.

The motion prevailed.

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 470 Do Pass HB 515 Do Pass HB 543 Do Pass

HB 544 Do Pass HB 545 Do Pass

Respectfully submitted,
/s/ Thomas of the 100th Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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

HB 228 Do Pass, by Substitute HB 257 Do Pass, by Substitute HB 528 Do Pass, by Substitute

HB 566 Do Pass, by Substitute SB 51 Do Pass

Respectfully submitted, /s/ Patten of the 176th
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 18, 1993

807

HB 182 Do Pass SB 14 Do Pass

Respectfully submitted, /s/ Dixon of the 168th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 38 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 415 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 301 Do Pass, by Substitute HB 391 Do Pass, by Substitute

HB 546 Do Pass HB 660 Do Pass, by Substitute

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

808

JOURNAL OF THE HOUSE,

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 266 Do Pass, by Substitute HB 269 Do Pass, by Substitute

HB 274 Do Pass, by Substitute HB 275 Do Pass, by Substitute

Respectfully submitted, /s/ Dover of the 9th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 19, 1993

809

Representative Hall, Atlanta, Georgia Friday, February 19, 1993

The House met pursuant to adjournment at 9:00 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 N. Nelson Granade, Jr., Pastor, Emory Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 812. By Representatives Byrd of the 170th and Martin of the 47th: 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 provisions relating to definitions; to provide that the provisions of said chapter shall apply to certain private resi dences constructed for first occupancy after January 1, 1994.
Referred to the Committee on Industry.
HB 813. By Representative Smith of the 175th: A bill to amend an Act to provide for the Board of Education of Camden County, so as to provide for reapportionment of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

810

JOURNAL OF THE HOUSE,

HB 814. By Representative Smith of the 175th:
A bill to amend an Act providing for a new charter for the City of St. Marys, so as to provide for districts for the election of councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 815. By Representative Smith of the 175th:
A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for reapportionment of commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 816. By Representative Lord of the 121st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change a definition relating to state health planning; to change the provisions regarding certain time periods for accepting certificate of need applications.
Referred to the Committee on Health & Ecology.

HB 817. By Representatives Ray of the 128th and James of the 140th:
A bill to reconstitute the Board of Education of Crawford County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 818. By Representatives Ray of the 128th and James of the 140th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 819. By Representatives Hammond of the 32nd, Sherrill of the 62nd, Cauthorn of the 35th, Bostick of the 165th, McKinney of the 51st and others:
A bill to amend Chapter 15 of Title 45 of the Official Code of Georgia Anno tated, relating to the Attorney General, so as to authorize elected constitu tional executive officers to select and employ private legal counsel independent of the Attorney General.
Referred to the Committee on Judiciary.

HB 820. By Representative Thomas of the 100th:
A bill to amend Code Section 15-12-67 of the Official Code of Georgia Anno tated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammactical revisions and correc tions in the oath of grand jurors.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 19, 1993

811

HB 821. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Code Section 47-7-84 of the Official Code of Georgia Anno tated, relating to service credit for prior eligible service by certain members of the Georgia Firemen's Pension Fund, so as to provide that certain mem bers of such fund shall be entitled to receive certain service credit for prior service.
Referred to the Committee on Retirement.

HB 822. By Representatives Cauthorn of the 35th, Cox of the 160th, Thomas of the 100th, Baker of the 70th and Groover of the 125th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Anno tated, relating to inspection of public records, so as to provide that in certain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding admin istrative law judge.
Referred to the Committee on Judiciary.

HB 823. By Representatives Culbreth of the 132nd, Taylor of the 134th and Smith of the 102nd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to regulation of rates, underwriting rules, and related organiza tions, so as to prohibit an insurer from imposing a surcharge against a driver who attends a driver improvement clinic for the purpose that points will not be assessed for a traffic violation.
Referred to the Committee on Insurance.

HB 824. By Representatives Bailey of the 93rd, Johnson of the 97th, Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change the initial manufacturing fee for certain special license plates and prestige license plates; to provide that only the regular annual registration fee shall be necessary for renewal of such license plates.
Referred to the Committee on Motor Vehicles.

HB 825. By Representatives Baker of the 70th, Sherrill of the 62nd, Teper of the 61st, Turnquest of the 73rd, Henson of the 65th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines not to exceed the sum of $1,000.00 for any single offense.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 826. By Representatives Bargeron of the 120th, Coleman of the 142nd, Coleman of the 80th and Barfoot of the 155th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commission to adopt a code of ethics.
Referred to the Committee on Industry.

812

JOURNAL OF THE HOUSE,

HB 827. By Representative Powell of the 23rd:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Anno tated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirements that a bicycle shall ride as near to the right side of the roadway as practicable.
Referred to the Committee on Motor Vehicles.

HB 828. By Representatives Cauthorn of the 35th, Bostick of the 165th, Barnes of the 33rd, Groover of the 125th, Towery of the 30th and others:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for discovery and inspection in crimi nal cases; to provide for disclosure of evidence by the prosecution and defendants.
Referred to the Committee on Judiciary.

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

HB 834. By Representative Lucas of the 124th:
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 for legislative intent; to provide definitions; to provide that certain acts relating to agreements or contracts between insurers and agents shall be deemed unfair trade practices.
Referred to the Committee on Insurance.

HB 841. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Educa tion of the City of Gainesville.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 330. By Representatives Smith of the 169th, Coleman of the 142nd, Powell of the 23rd, Lane of the 146th, Benefield of the 96th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail ser vice between Chicago and Florida with extensive service through Georgia.
Referred to the Committee on Transportation.

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

HB 791 HB 792 HB 793 HB 794 HB 795 HB 796

HB 797 HB 798 HB 800 HB 801 HB 802 HB 803

FRIDAY, FEBRUARY 19,1993

813

HB 804 HB 805 HB 806 HB 807 HB 808 HB 810 HB 811 HR 287 HR 288 HR 290 HR 303

SB 113 SB 119 SB 128 SB 129 SB 133 SB 135 SB 145 SB 154 SB 191 SR 8 SR 127

Representative Lane of the 55th 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 713 Do Pass HB 717 Do Pass HB 744 Do Pass
5HuHn5BB 27n78a7S0n5 SDrD>oo0 ?PDP,aOa"ss8-,ss8, SB 102 Do Pass SB 177 Do Pass
SB 178 Do Pass
SB 179 Do Pass

SB 181 Do Pass SB 182 Do Pass SB 184 Do Pass
SSQBRR 2^29912"180 DnAn-'o. rPP_afalaasaas ?B 221 Do I,888 , ,, ,_ HB 745 Do Pass' by Substitute
SB 217 Do Pass
SB 219 Do Pass

Respectfully submitted,
/s/ Lane of the 55th Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 19, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 143 Ga Court-annexed Alternative Dispute Resolution Act; enact HB 162 Law enf officers; communicable diseases; threat of transmission HB 283 Water/wastewater systems; training by Environmental Protection Div HB 349 Unemployment Trust Fund; authorized withdrawals HB 379 Charitable Solicitations Act; exemption HB 429 Local sch funds; postsecondary scholarships and loans HB 584 Bad checks; time period for honoring; notice HB 600 Open meetings; notice; certain legal organs HB 653 State Construction Industry Licensing Board; composition HB 714 Landscape architects; amend provisions
HR 123 Macon County; convey property HR 180 Georgia Lead Poisoning Prevention Study Committee; create

814

JOURNAL OF THE HOUSE,

HR 182 Rabun County; sublease property
SR 69 Syble W. Brannan Parkway; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 713. By Representative Hanner of the 159th:
A bill to reconstitute the Board of Education of Webster County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

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

HB 717. By Representative Perry of the llth:
A bill to amend an Act incorporating the Town of Trion, so as to reconsti tute the Board of Education of the Town of Trion and provide for its pow ers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 744. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for a referendum election in the City of LaGrange at which the voters of the City of LaGrange shall be given choices relating to the composi tion and selection of the members of the governing authority.

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

HB 756. By Representatives Walker of the 141st, Floyd of the 138th, Watson of the 139th and Ray of the 128th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change provisions relating to the place for holding the regu lar monthly meeting in the City of Perry.

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

HB 775. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to delete certain provisions relating to the conducting of elections, time of election, absentee voting, and election rules.

FRIDAY, FEBRUARY 19, 1993

815

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

HB 780. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary of the coroner.

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

SB 102. By Senator Pollard of the 24th:
A bill to repeal an Act providing for a board of elections in each county hav ing a population of not less than 22,312 and not more than 22,825, approved April 11, 1979, as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982; to provide an effective date.

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

SB 177. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to provide that the school superintendent of the Clayton County School District shall be appointed by the board of education of Clayton County.

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

SB 178. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensa tion 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.

SB 179. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to pro vide an effective date.

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

SB 181. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.

816

JOURNAL OF THE HOUSE,

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

SB 182. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the pro visions relating to the salary of the sheriff; to provide an effective date.

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

SB 184. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; to provide an effective date.

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

SB 218. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to provide for the application of civil service bene fits to the deputy tax commissioner; to provide an effective date.

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

SB 220. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill authorizing the Board of Commissioners of Clayton County to offer the elected officials of Clayton County, and all employees subject to the jurisdic tion of such elected officials, participation in the county's retirement and benefit system; to make provisions for petitioning the board of commissioners to allow such elected officials and their employees coverage under the coun ty's system; to provide an effective date.

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

SB 221. By Senators Starr of the 44th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County so as to provide for the partisan election of the chief magistrate; to provide for terms of office; to provide for filling vacancies.

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

FRIDAY, FEBRUARY 19, 1993

817

HB 745. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valo rem taxes for educational purposes for certain residents of that county and school district.

The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valorem taxes for educational purposes for certain residents of that county and school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide an effective date; 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 Wayne County, including but not limited to taxes to retire bonded indebtedness, but not including county school district ad valo rem taxes for educational purposes.
(2) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Wayne County School District, including but not limited to taxes to retire school bond indebtedness.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 2. Each resident of Wayne County who is 65 years of age or older is granted an exemption on that person's homestead from all Wayne County ad valorem taxes for county purposes and from all Wayne County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that home stead.
Section 3. The tax commissioner of Wayne County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemp tion.
Section 4. The exemption shall be claimed and returned as provided in Code Sec tion 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commis sioner of Wayne County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes.
Section 6. The exemption granted by this Act shall be in lieu of and not in addi tion to any other homestead exemption from Wayne County ad valorem taxes for county purposes or Wayne County School District ad valorem taxes for educational purposes.
Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1, 1995.
Section 8. If not prevented by the federal Voting Rights Act of 1965, as amended, this Act shall be submitted to the electors of Wayne County and the Wayne County

818

JOURNAL OF THE HOUSE,

School District for approval or rejection at the general election in 1994. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a homestead exemption
from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valorem taxes for educational purposes in the amount of $20,000.00 for qualified residents who are 65 or older?"

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 Sections 1 through 7 of this Act, then Sec
tions 1 through 7 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995; otherwise this Act
shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the 'event the ballot question pro vided for in this section is not submitted to the voters on the Tuesday after the first Mon day in November, 1994, this Act shall stand repealed in its entirety on December 31, 1994.
The expense of such election shall be borne by Wayne County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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

SB 217. By Senator Starr of the 44th:
A bill to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that city; to provide for defi nitions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

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

SB 219. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for an increase in the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences, as amended, so as to increase the amount of such exemption for residents of Clayton County who are 65 years of age or over.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

YAshe Y Atkins
Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Barnes
Y Bates

Y Benefield Y Birdsong Y Bordeaux

Bostick Y Breedlove Y Brooks.D

FRIDAY, FEBRUARY 19, 1993

819

N Brooks,T Y Brown
Buck Buckner
YBunn Y Burkhalter
Byrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter
Cauthorn Chambless Y Chandler Y Channell Childers
Y Clark Y Coker Y Coleman,B
Coleman.T Y Colwell Y Connell
Cox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson
Dii Diion.H

Y Dixon,S YDobbs Y Dover YEhrhart YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W
YGodbee Y Golden YGoodwin
Greene Y Groover
Y Hammond Y Manner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard
Hudson Y Hughes Y Hugley Y James
Jamieson E Jenkins Y Johnson,D.H

Y Johnson,E Johnson.G
Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D
Lane.R Y Lawrence
Lawgon
Lee Y Lewis
Lord Lucas Y Maddox YMann Martin Y McBee Y McClinton McKinney.B YMilam Y Mills
Y Mobley,B Y Mobley,J Y Moore YMosley Y Mueller Y Oliver

YO'Neal Orrock
Y Padgett YParham
YParrish Patten
Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston
Powell
YPurcell YRandall
Randolph Ray Reaves YReichert
Roberts Royal Y Scoggins Y Shanahan YSherrill Y Shipp Simpson Sinkfield E Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P

Smith,T Y Smith.V
Y Smith,W Smyre
YSnow Stancil,F
Y Stancil.S Stanley.L Stanley,?
Y Stephenson Y Streat Y Taylor YTeague YTeper
Thomas.C YTiUman Y Titus Y Towery YTrense
Tumquest YTwiggs YVaughan
Walker Y Wall Y Watson
Watts Y Westmorland
White Williams.B Y WiUiams,R
YYates Y Yeargin
Murphy.Spkr

On the passage of the Bills, the ayes were 124, nays 1. The Bills, having received the requisite constitutional majority, were passed.

Representatives Barnes of the 33rd, Cauthorn of the 35th, Henson of the 65th, Jenkins of the 110th, Jamieson of the 22nd, Powell of the 23rd and Williams of the 63rd stated that they had been called from the floor of the House during the preceding roll call. They wish to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Bldridge, the Secre tary thereof:

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

SB 259. By Senator Dawkins of the 45th:
A bill to amend an Act changing the manner and method of choosing mem bers of the board of education of Walton County, as amended, so as to pro vide new education districts; to provide for definitions and insertions; to provide for members of such board serving on the effective date of this Act; to provide for the election of successors; to provide for submission of this Act to the United States Attorney General.

HB 465. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for commissioner districts.

820

JOURNAL OF THE HOUSE,

HB 626. By Representatives Shipp of the 38th, Cauthorn of the 35th, Vaughan of the 34th, Atkins of the 29th and Coker of the 31st:
A bill to amend an Act creating a new charter for the city of Kennesaw, so as to change the corporate limits of the city.

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.

SB 48. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change a definition; to change certain provisions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, so as to include a reference to psychology.

SB 120. By Senators Edge of the 28th and Clay of the 37th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to attorneys, so as to provide that unless otherwise provided by law and unless an actual con flict of interest should arise, an attorney may serve as an attorney for a county, municipal corporation, or school board and at the same time serve as a part-time judge.

SB 141. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Anno tated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas.

SB 148. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to pro vide that when a petition to establish paternity has been brought, the court may order genetic testing; to provide that the court may grant temporary child support; to provide for the admission of genetic testing or refusal to submit to such testing as evidence in court.

FRIDAY, FEBRUARY 19, 1993

821

SB 189. By Senator Egan of the 40th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to provide that a guardian and any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the property in order to renounce the interest in prop erty transferred.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 142. By Senator Garner of the 30th:
A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.

SR 153. By Senator Starr of the 44th:
A resolution authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.

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

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11 A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.
Referred to the Committee on Health & Ecology.

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to prohibit certain motor vehicle insurers and insurance policies from requiring the use of certain companies or locations for glass replacement or repair services or products insured by such policies; to prohibit certain acts in furtherance of the prohibition.
Referred to the Committee on Insurance.

822

JOURNAL OF THE HOUSE,

SB 48. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change a definition; to change certain provisions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, so as to include a reference to psychology.
Referred to the Committee on Health & Ecology.
SB 120. By Senators Edge of the 28th and Clay of the 37th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to attorneys, so as to provide that unless otherwise provided by law and unless an actual con flict of interest should arise, an attorney may serve as an attorney for a county, municipal corporation, or school board and at the same time serve as a part-time judge.
Referred to the Committee on Judiciary.
SB 141. By Senators Henson of the 55th and Robinson of the 16th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Anno tated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas.
Referred to the Committee on Ways & Means.
SB 148. By Senators Ralston of the 51st and Oliver of the 42nd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to pro vide that when a petition to establish paternity has been brought, the court may order genetic testing; to provide that the court may grant temporary child support; to provide for the admission of genetic testing or refusal to submit to such testing as evidence in court.
Referred to the Committee on Judiciary.
SB 189. By Senator Egan of the 40th:
A bill to amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to provide that a guardian and any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the property in order to renounce the interest in prop erty transferred.
Referred to the Committee on Judiciary.
SB 259. By Senator Dawkins of the 45th:
A bill to amend an Act changing the manner and method of choosing mem bers of the board of education of Walton County, as amended, so as to pro vide new education districts; to provide for definitions and insertions; to provide for members of such board serving on the effective date of this Act; to provide for the election of successors; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 19, 1993

823

SR 142. By Senator Garner of the 30th:
A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 153. By Senator Starr of the 44th:
A resolution authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.
Referred to the Committee on State Institutions & Property.

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 264 Do Pass, by Substitute HB 486 Do Pass, by Substitute HB 523 Do Pass, by Substitute
Respectfully submitted, hi Thomas of the 100th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted 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 289 Do Pass
Respectfully submitted, /%/ Lee of the 94th
Chairman

Representative Dobbs of the 92nd moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:

824

JOURNAL OF THE HOUSE,

HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Anno tated, relating to standards and requirements for the construction and altera tion of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.

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

Y Ashe Y Atkins N Bailey N Baker
Y Bannister Y Barfoot Y Bargeron
Barnes
Y Bates N Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown YBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Canty N Carlisle N Carrell
Carter Cauthorn N Chambless N Chandler Y Channell Childers Y Clark Y Coker Y Coleman,B Coleman.T

Y Colwell N Connell
Cox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix
Dixon.H N Dixon.S Y Dobbs
Dover YEhrhart NEpps Y Evans
Felton Floyd,J.M N Floyd,J.W YGodbee Y Golden Goodwin Greene Groover Y Hammond N Hanner N Harris,B Y Harris.M YHart N Heard Y Hegstrom Y Hembree
Henson Y Holland

Holmes
N Howard N Hudson N Hughes Y Hugley N James
Jamieson E Jenkins
Y Johnson,D.H N Johnson,E Y Johnson.G Y Johnson.J Y Jobnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane.D Lane.R Y Lawrence YLawson NLee Y Lewis YLord Lucas Y Maddox YMann Y Martin YMcBee N McClinton McKinney,B YMilam Y Mills

N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller N Oliver
Y O'Neal YOrrock
Padgett YParham Y Parrish Y Patten N Pelote Y Perry Y Pinholster YPoag NPolak
Porter Poston Powell N Purcell NRandall Y Randolph Ray N Reaves N Reichert Roberts Y Royal Scoggins N Shanahan Y Sherrill Y Shipp Simpson Sinkfleld E Skandalakis N Skipper

Y Smith.C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley ,L Stanley,? N Stephenson N Streat Y Taylor NTeague YTeper N Thomas.C N Tillman Titus Y Towery Y Trense Turnquest YTwiggs Y Vaughan Walker NWall N Watson N Watts Y Westmorland White Williams.B Y William8,R Y Yates
Y Yeargin Murphy,Spkr

On the motion, the ayes were 91, nays 43.

The motion prevailed.

Representatives Barnes of the 33rd, Cauthorn of the 35th, Poston of the 3rd, Powell of the 23rd and Skandalakis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wish to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 304. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th:
A resolution Commending Nancy Royal and inviting her to appear before the House of Representatives.

FRIDAY, FEBRUARY 19, 1993

825

HR 306. By Representatives Davis of the 48th, Stanley of the 50th, McKinney of the 51st, Brooks of the 54th and White of the 161st:
A resolution commending Honorable Cynthia Ann McKinney and inviting her to appear before the House of Representatives February 22, 1993.

HR 312. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Brian Ransom and inviting him to appear before the House of Representatives.

HR 313. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Morris "Mo" Lewis and inviting him to appear before the House of Representatives.

HR 314. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Richard "Sackman" Dent and inviting him to appear before the House of Representatives.

HR 315. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Marco Coleman and inviting him to appear before the House of Representatives.

HR 316. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr, Willie "Big Play" Clay and inviting him to appear before the House of Representatives.

HR 317. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Kenneth "The Shark" Gant and inviting him to appear before the House of Representatives.

HR 318. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. David Lucas, Jr., and inviting him to appear before the House of Representatives.

HR 327. By Representative Floyd of the 138th:
A resolution recognizing and commending Mr. Don Tucker, Ms. Sally Dunn, Mr. Reginald Barry, and Mr. Zack Wade and inviting them to appear and be recognized before the House of Representatives.

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

826

JOURNAL OF THE HOUSE,

HR 289. By Representatives Groover of the 125th, Reichert of the 126th and Patten of the 176th:
A resolution commending Ms. Ivy Adams and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 305. By Representative Dixon of the 168th: A resolution recognizing Mr. Richard Danford.

HR 307. By Representatives Brooks of the 103rd, Epps of the 131st, Yates of the 106th and Westmoreland of the 104th:
A resolution commending Nancy Royal.

HR 308. By Representatives Dixon of the 150th, Murphy of the 18th, Bailey of the 93rd, Brooks of the 54th, Benefield of the 96th and others:
A resolution commending and recognizing the Ford Motor Company plant in Hapeville, Georgia.

HR 319. By Representatives Buck of the 135th, Murphy of the 18th, Connell of the 115th, Royal of the 164th, Polak of the 67th and others:
A resolution commending Coach Agnus Berenato of Georgia Tech.

HR 320. By Representatives Buck of the 135th, Murphy of the 18th, Connell of the 115th, Royal of the 164th, Polak of the 67th and others:
A resolution commending Coach Buddy Fowlkes of Georgia Tech.

HR 321. By Representatives Buck of the 135th, Murphy of the 18th, Connell of the 115th, Royal of the 164th, Polak of the 67th and others:
A resolution commending Coach Puggy Blackmon of Georgia Tech.

HR 322. By Representatives Buck of the 135th, Murphy of the 18th, Connell of the 115th, Royal of the 164th, Polak of the 67th and others:
A resolution commending Coach Jim Morris of Georgia Tech.

HR 324. By Representatives Twiggs of the 8th, Colwell of the 7th and Dover of the 9th:
A resolution commending Renva Smith Acree and inviting her to appear before the House of Representatives.

HR 325. By Representatives Harris of the 17th, Stancil of the 16th and Pinholster of the 15th:
A resolution recognizing Dr. Thomas Jefferson Freeman.

HR 326. By Representatives Sinkfield of the 57th, Teague of the 58th, Holmes of the 53rd, Lucas of the 124th and Davis of the 48th:
A resolution congratulating Mrs. Dora L. Strong on the occasion of her 100th birthday.

FRIDAY, FEBRUARY 19, 1993

827

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 283. By Representatives Patten of the 176th and Barfoot of the 155th:
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 generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water laboratory analysts.
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 Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
Barnes
Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks,D Y Brooks,T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Carter Cauthorn Y Chambless Y Chandler Y Channell Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans
Felton FloydJ.M Y Floyd,J.W Y Godbee Y Golden Goodwin Greene Y Groover Y Hammond Hanner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Henson Y Holland

Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson E Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johraton
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane,D
Lane.R Y Lawrence YLawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
McBee McClinton McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller
Y Oliver Y O'Neal Y Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell YPurcell YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
Scoggins Y Shanahan
Y Shernll YShipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley,L Stanley,? Y Stephenson
Y Streat Y Taylor YTeague Y Teper
Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmoreland
White Williams.B Y Williams,R Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Barnes of the 33rd, Cauthorn of the 35th and Henson of the 65th 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.

HR 123. By Representatives James of the 140th and Colwell of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Macon County.

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JOURNAL OF THE HOUSE,

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

Ashe Y Atkins Y Bailey
Baker Y Bannister YBarfoot Y Baigeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Bostick Y Breedlove Y Brook8,D Y Brooks,T
Y Brown YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
Y Carrell Carter Cauthorn
Y Chambless Y Chandler
Y ChanneU Childere
Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cumniings
Davis.G Y Davis,M
E Dickinson YDix Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Ehrhart
YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W God bee Y Golden Y Goodwin Greene Y Groover Hamrnond Manner Y Harris,B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson E Jenkins Y Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson.J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane.D
Lane,R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin YMcBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote
Perry Y Pinholster
YPosg Y Polak Y Porter
Poston Y Powell YPurcell
YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,? Y Smith,T Y Smith,V
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley,L Y Stanley,? Y Stephenson Y Street Y Taylor YTeague YTeper
Y Thomas,C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall
Watson Y Watts
Y Westmorland Y White Y Williams,B
Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Cauthorn of the 35th, Hammond of the 32nd, Henson of the 65th and Poston of the 3rd 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 653. By Representatives Skipper of the 137th, Dixon of the 150th, Watson of the 139th, Powell of the 23rd, Barfoot of the 155th and others:
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, and other utility contractors, so as to define certain terms; to change the composition of the State Construction Industry Licensing Board.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and other utility contrac tors, so as to define certain terms; to change the composition of the State Construction

FRIDAY, FEBRUARY 19, 1993

829

Industry Licensing Board; to change the manner of selection of a chairperson; to provide for succession of office; to provide that the various divisions of the board shall have authority to approve the examinations; to provide for certain additional licenses and certif icates; to provide for continuing education requirements; to provide for exemptions; to change certain provisions regarding display of license by licensee; to provide for issuance of certain types of utility contractor licenses and certificates; to provide for certain duties of utility manager certificate holders and licensed utility contractors; to provide for license and certificate requirements; to provide for construction; to provide for applicability; to provide for exceptions; to provide for all related matters; to provide for editorial revisions; 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, and other utility contrac tors, is amended by striking paragraphs (14), (15), and (16) of Code Section 43-14-2, relat ing to definitions, in their entirety and inserting in lieu thereof new paragraphs (14), (15), (16), and (17) to read as follows:
"(14) 'Utility contractor' means a individual a sole proprietorship, partnership, or corporation who which is engaged in utility contracting under express or implied con tract or whe which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. A employee ef utility contractor whe receives enly a satey er hettfly wage fe* performing trtHrty eatTflci-in^f Siiftii not DC PCQUircd to T&C licensed under tfiis cno.ptcp, cxccpi wiflt triosc employees pe whom the qualification ef- a partnership er corporation rests pursuant te subsection W ef ede Section 43-14-8.2 shaH be licensed.
(15) 'Utility contracting foreman' means any individual who is employed er engaged by a utility licensed contractor to supervise the construction, erection, alteration, or repair of a utility system systems.
(16) 'Utility manager' means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems.
{Kj} (17) 'Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations."
Section 2. Said chapter is further amended by striking Code Section 43-14-3, relating to the State Construction Industry Licensing Board, in its entirety and inserting in lieu thereof the following:
4o~i4~o. \ft)--A*ie btfttc vjOiistruction industry LJicensin^ ITOCLFQ existing imiiicdi~ fttiy pFio? to iviflFCH 'i.4, lyoOj is SiDOIIsued upon vfiflv CIIGCWVG uftt&} find TAG itpins 01 aH members thereof shaH expire upon Ma*eh 14; 1083.
4b) (a) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the jointsecretary.
{e> (b) The board shall be composed of 27 members as follows: (1) Five members known as the Division of Electrical Contractors, one of whom
shall be a consulting engineer engaged in electrical practice, another of whom shall be the chief electrical inspector of a county or municipality and shall have served in such office for five years immediately preceding his appointment to the board, and the remaining three of whom shall be engaged in the electrical contracting business;
(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or munici pality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber;
(3) Five members known as the Division of Conditioned Air Contractors, twe one of whom shall be a licensed professional engineers engineer engaged in mechanical

830

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practice, two one of whom shall be the chief conditioned air contractors inspector of a county or municipality and shall have served in such office for five years immedi ately preceding appointment, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade; and erne
Or WftfWft Sllftli DC DOtll ftW CXpC PlGITCCCl } IICCIISCCI pI*OI6991OHft1 6I11HOGF flflu ft COMQl*
tiened air contractor; (4) Five members known as the Division of Low-voltage Contractors, one of whom
shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality;
(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and
(6) Two members who shall not have any connection with the electrical contract ing, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns. (d) All members shall be appointed by the Governor, subject to confirmation by the Senate, for four-year terms initial terms beginning apen the effective date of this chap ter and ending Jaae 3Q-, 1087. Mcmbcro f -the Division -of Low-voltage Contractors DC flppomted by tft o OVGFHOF( subject to conin?m&tion oy tfto ocnfttGy fof initifli
Vutcngiriiiii^iniiiinirgr w.Tuuilyif JTJ 1jLOuPojttj nmtii/ul nciTiiurlm incgr uTuuunur ofMvVj 1LUOOP1?i, 1IT\iTICntInIVIuinuyrns T^JfI ji-iKifct TJ~^SiITYrIiBfiIirUiInI m /\f
Contractors shall be appointed by the Governor, subject te confirmation by the Senate?
ff\f ir\ii-if|1 tprTyia hrfrintiiTiP' Ti|l\r i 10QO ntiH PTiHinp1 Tiirift QA 1005* Aft/*!* tVifHC inii'ifil
tefflis; successors shaH be appointed by the Governor, subject te confirmfttten fey the Senate, fe terms ef- fef years beginning Jaly 1 ef the yea* 4n which the incumbent members' terms expire.
(e) A member shall serve until nis a successor has been duly appointed and qualified. (f) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment. (g) Any appointive member who, during his or her term, shall cease to meet the qualifications for original appointment shall thereby forfeit his membership on the board. (h) Each member of the board shall take an oath of office before the Governor that he wiH to faithfully perform the duties of his such office. (i) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dis honorable conduct. (j) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2."
Section 3. Said chapter is further amended by striking Code Section 43-14-4, relating to election of the chairperson, meetings, and organization of the board, in its entirety and inserting in lieu thereof the following:
"43-14-4. {a)--Within 36 days after the appointment ef- the initial members ef- the T-)r.fyrl iiiif'h hoflrfl qjifill hfVIH- ifq irtifinl TYif'otinp' At tho poll rc fV>p f!nvprnnr flnrf nliflll
elect from its membership a chairman who shall serve for an initial tefffl- ef effiee ending June 30; 1086. Successors te the chairman shall serve fe* a term ef-office ef twe years:
{b} (a) The office of chairman chairperson shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman chairperson.
{e> (b) The board shall meet at the call of the chairman chairperson or upon the rec ommendation of a majority of its members.

FRIDAY, FEBRUARY 19, 1993

831

\/u,3/\ \/i--<\/ O"!A?,,UnCnJnJ4if- TffT^TTf 4t-n1-.t.-V; i;n*iJi-ii.n-.il v,*Aii. aJ.ii,r.ii.ivc11 eonos p.^r..u^v..iluJ,c..u] ifwrtrr m -- O *_j/>uJu^c LQJU^L^-4L-IIU-,I_I ^Atot)TM 1LAtmoO t4o^.
serve through June 80; 1086, each Each division within the board shall also elect from its membership a chairman chairperson who shall serve for a term of two years. Any vacancy in the office of chairman chairperson shall be filled by one of the members for the unexpired term.
4e) (d) Any member elected chairman chairperson of a division may succeed himaclf te saeh serve more than one consecutive term of office.
(} (e) Each division shall carry out its powers and duties provided for in this chap ter with the assistance of the executive director and his staff of the board.
<g) (f) The divisions shall meet at the call of the chairman chairperson. {h} (g) Three members of each division shall constitute a quorum for the transaction of business of such division."
Section 4. Said chapter is further amended by redesignating paragraph (5) of Code Section 43-14-5, relating to the general powers of the board, as paragraph (6) and inserting a new paragraph (5) to read as follows:
"(5) Determine qualifications for licensure or certification including such experience requirements as the board deems necessary;".
Section 5. Said chapter is further amended by striking subsection (a) of Code Sec tion 43-14-6, relating to powers and duties of the board, in its entirety and inserting in lieu thereof the following:
"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to appli cants for a license to engage in or licensees engaging in the business of low-voltage con tracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to engage in ef certificate holders engaging in the business of- a utility contracting foreman be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Con tractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:
{!)--Examine aH applicants for licenses te practice the profession. Examinations stiiftii OB ppcpftr6u ttt sucfi ft iHQiHid? ft& v& test trie Knowicci[c , 9Kin} ftnci ciiicicncy ot the applicants; and such examinations shall be based en the applicable state minimum standard codes and; in the ease of low-voltage contractors, pen saeh additional infor mation deemed necessary by the division licensing sneh contractors in order te protect
4-1.-- qnfpj'V flTiH wplfftrp f\f t V>P yMJOjp.
(1) {2)--Subject te this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. Approve examina tions for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall prepare approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes at the service drop or the service lateral, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwell ings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU

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(net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unre stricted. The Division of Low-voltage Contractors shall prepare approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage con tracting, Class LV-T licenses shall be restricted to telecommunication and general sys tem low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
{&} (2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A; (I) Low-voltage Contractor Class LV-T; (J) Low-voltage Contractor Class LV-G; (K) Low-voltage Contractor Class LV-U; (L) Utility contracting foreman (certificate); tatA Utility Contractor; Class Aj (M) Utility contractor Contractor; Class Bj (N) Utility Contractor; Class U; (O) Utility Manager (certificate); and (P) Utility Foreman (certificate): 44} (3) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; {6} (4) After notice and hearing, have the power to reprimand any person^ e* licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate ef- competency of or refuse to grant, renew, or restore a license or certificate ef compc teney to any personj ef licenseej or certificate holder upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license or certifi cate under this chapter or the rules and regulations of the board;
(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice his any profession licensed or noncertified under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice his such profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned

FRIDAY, FEBRUARY 19, 1993

833

air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; er
(I) With respect to utility contractors, violations of Chapter 9 of Title 25; or (J) Any sanction issued in connection with Occupational Safety and Health Administration (OSHA) safety standards; 46) (5) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Depart ment of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and {?) (6) Do all other things necessary and proper to exercise their powers and per form their duties in accordance with this chapter."
Section 6. Said chapter is further amended by adding at the end of Code Section 43-14-6, relating to powers and duties of the licensing divisions, new subsections (e) and (f) to read as follows:
"(e) (1) With respect to Electrical Contractor Class I and Class II licenses, the Divi sion of Electrical Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institu tions of higher learning, vocational-technical schools, and trade, technical, or profes sional organizations; provided, however, that continuing education courses or programs related to electrical contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Educa tion shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs conducted by manufacturers specifically to promote their products shall not be approved.
(2) The division shall be authorized to waive the continuing education require ments in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate. (f) (1) With respect to utility foreman certificates and utility manager certificates issued under this chapter, the Division of Utility Contractors shall be authorized to require persons seeking renewal of such certificates to complete board approved con tinuing education of not more than four hours annually. The division shall be autho rized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to utility contracting provided or conducted by institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the pur poses of this subsection.
(2) The division shall be authorized to waive the continuing education require ments in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate."
Section 7. Said chapter is further amended by striking Code Sections 43-14-8.2 and 43-14-8.3, relating to utility contracting licenses and certification of utility contracting foremen, in their entirety and inserting in lieu thereof new Code Sections 43-14-8.2, 43-14-8.3, and 43-14-8.4 to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
\u) JNQ person 9Aux GH&G Ht utility conti*scti11 unless SUCH person n&s ft VBJ.IQ license therefor frena the Division ef Utility Contracting. After December 31, 1993, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid

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utility manager certificate issued under this chapter. Such utility manager must be actu ally engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(c) Any person corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection who meets the requirements ef this subsection, submits proper application te the beard? satisiftctopily compietes trie excm*}motion FCQUiped uy tnis ciiftptepj 6tnd pftys of ds psid TAG
PCQUired fCCS find tS HOt OtilCPWlSC ttt VIOlfttlOn Or til 19 Cilftp$T Sflflll TO ISSUed ft StfltC"
wide Utility Contractor license, shall: (1) Submit a completed application to the division on the form provided indicat
ing: (A) The maximum bid limit requested by the applicant; (B) The names and addresses of proprietor, partners, or officers of such appli
cant; (C) The place and date such partnership was formed or such corporation was
incorporated; and (D) The name of the qualifying utility manager holding a current certificate who
is employed for each permanent office location of the business from which utility contracting is performed; (2) Submit its safety policy which must meet the minimum standards established by the board; (3) File a financial statement containing information as prescribed by the division; (4) Submit additional information as the division at its discretion may require; (5) Pay or have paid the required fees; and (6) Not be otherwise in violation of this chapter. (d) The decision of the division as to the qualifications of applicants taking- the required examination shall, in the absence of fraud, be conclusive. AH individuals, part-
July TJ lUWU) soft11 t&Ke of nflve tflKen trie ex&mius11on &nd cjufll11led under uiis oode section before engaging ta such vocation.
\e/INO pftFtiiCPSnip OF coFpOPfttion sfisn nftve trie pignt to eng&^e itt tne ousiness or utility contracting unless there is- regularly connected with stteh partnership of corporatien a person er persons, actually engaged the performance ef- seh business e a- ftjtitime basis and supervising the utility contracting werit ef- att employees ef- seh partnership er corporation, whe have valid licenses issued te the as provided i this
frem which utility contracting is performed, at least ene perse stationed in- each branch office ef such partnership ef corporation, engaged k the performance ef utility contract ing e a full-time basis and supervising the utility contracting werk- ef- att employees ef sucft Dpftftcii oiiicc lotifttioris, stidiT iiflve ft vdiid license issued ft& provided HJ tftis oorc section.
{f) {e| It shall be the duty of aH partnerships and corporations qualified def this Code section the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of severance of connection with such partnership er corporation ef- any person er persons between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of any such partnership er corporation the utility contractor rested.
{g)--(V)--AH applicants for examinations and licenses provided far by this Cede aee-
rcquircd te f4Jt eat a ferm which shall be provided by the division, which fown shatt shew whether er net the applicant ts an individual, partnership, er corporation and?

FRIDAY, FEBRUARY 19, 1993

835

ad addresses of the officers, when and where formed or incorporated, and ieh other information as the division in its discretion may require. AH forms of application for renewal of liccnaca shall else shew whether or net the applicant, if it is a partnership OF corporfltion, still ftfts comicetcd witn n ft duly cjuft11*led person noidin sc license issued Dy tn(j division;
{2)--A applicant shall include his safety peHey or the safety peKey of his corporaOF pflFtnersnip". An &ppFovcd sfltety policy is1 retjuiFed DCIOFC &&* &pplieftnt wilt DC ft license. Hie sftioty policy snciii provide tne detfttis of re^uiflFiy scncduicd
safety meetings for all field personnel. {h)--^Phe division shaH notify each local governing authority ef the provisions of this chapter relating to liccnsurc, especially the provisions of subsection -(fa) of thisede see-
persoi* desiring a license to engage m the vocation ef utility contracting shaH be required to pflss tR exflmmettion ds provided m in19 cnftpteF.
{i)--!Fhe division ahall require applicants for liccnsurc tinder this Code section to fite with the application and licensees ander this Gede section te fite ateng with any license renewal fee financial statements containing information as prescribed by the division ctnd to indicoxG me letter symDoi indico.tin tfte mflximum 13id inmts tne Appncflnr 19 requesting. Ne financial statements wiH be required of any applicant requesting licensre for letter symbol rA2 as provided in this aubscction. Stieh financial statcmcnta shaH i&e peviowed Dy tne st&ti out snftnt not DC inspected OF reviewed Dy mem DCPS or tne DO&FCT
ef this Code section involving stteh financial statements. Seh financial statements shaU be confidential information and shafl net be available for inspection by contractors er the general public. 3%e licenses granted wider this 6ede section shaH stipulate the type OF types of WOFK tne utility conw?Qctor is pcTinicted to "Bid oft or TO pcFlorm under tnflt person 3 license find snctii contBin ft letter syniDOT indiefttin^ tne mc^IKIUB^ iimics on wnicn tncic person ts pepmitted to Did OF pQFiOFm IR d single conti?&ct. x ne niftximuB^
by the applicant's latest financial statement and designated the classification set et
statement fail te substantiate the limits rcqucatcd, further consideration- may be- giventot
supported with substantiating evidence; and \j-i)--ft comoined stfltcment of tne Applicant tnftt includes otner wnoiiy owned OF
substantially owned interests. When an applicant's financial statement qualifies for an amount in excess of classified tien '-Gr the limits shall then be set as classification '-V1--Unlimited. The following tetteF symoois nidicflte tne msximUBS fliwount Did limits fliiowed ft licensee on ftny single contract undertaking!
A--Net te exceed $ 100,000.00 B--Netteeseeed--600,000.00
te exceed 1,000,000.00 imited (f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by. such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license. The division may, at its discretion, upon appli cation by the utility contractor showing good cause grant one additional 90 day grace period. Grace periods totaling not more than 180 daya may be granted during any twoyear period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing.

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(g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division. This application shall include a financial statement con taining information prescribed by the division, the name and certificate number of the qualifying utility manager, and such other information as the division at its discretion may require.
(h) Financial statements required by this Code section shall contain information as prescribed by the division. Such financial statements shall be reviewed b_ the jointsecretary or his or her designee but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial state ments shall be confidential information and shall not be available for inspection by con tractors or the general public. The licenses granted under this Code section shall stipulate the maximum limits on which that licensee is permitted to bid or perform in a single contract.
(i) Utility contractor licenses shall set a limit on any single contract bid which the licensee may submit. The bid limit shall be based on the applicant's latest financial statement. The utility contractor license shall limit single contract bids based on the applicant's net worth as reported in its latest financial statement as follows:

Class

Bid Limit

Minimum Net Worth

A

Not to exceed $500,000.00

B

Not to exceed $1 million

U

Unlimited

$ 50,000.00 100,000.00 200,000.00

Should the applicant's financial statement fail to substantiate the limits requested by the applicant, the division may consider the following:
(1) The present market value in lieu of book value of listed assets when properly supported with substantiating evidence; and
(2) A combined statement of the applicant that includes other wholly owned or substantially owned interests. (j) Any persea utility contractor desiring to change the bid limit of that person's utility contractor's license shall make application for revision of that license on the pre scribed form furnished by the beard division. The application shall be supported by a current financial statement a*d evidence ef- that person's ability te furnish contract oond IOF sucri ufiout)v& fts ftre rccjuircd ror tftc ni^nci? 11iniwition rov wnicii tnctt person is applying as prescribed by the board. Under no circumstances shall a utility contractor be permitted to bid in excess of that person's Keens* coverage utility contractor's license bid limit prior to the time such revision is effected. The division on its own initiative may reclassify the license of a utility contractor if the licensee no longer qualifies for the original classification. (k) ft After December 31, 1993, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope^ unless otherwise provided. \k} fts d condition to trie renewfli of licenses, t>tic division nifty recjuire iicensees to complete certain hours ef continuing education safety and technical training. 43-14-8.3. (a) After <My 4; 1996 December 31, 1993. no person may be employed as a utility contracting foreman manager unless that person is certified by the division holds a current utility manager certificate issued by the Division of Utility Contractors. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for saeh certification skatt be the sucecaaful eem-

pursuant te ttries and regulations of- the division the furnishing ef- proof that the individal rtaa successfully performed werfc as a utility contracting foreman (or a peried ef- at
two yeftPS. i*T)i? tne purposes of tnis suDSCc11on, ft ppo^pctnn or sfltcty lished by a public utility shall be an approved eewse of safety training. Application (or

FRIDAY, FEBRUARY 19, 1993

837

CCFt1fKJflt1OH 9nftix i&C HftftCrc Oft iOHUS pi?CSCfl D6Q fUlu IU.FTH8IlGfi Dy vnG Q1V191OH ftXKr 9flCui
be accompanied by fee as prescribed by the division. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination.
{e)--Ne utility ayatcm shall fee constructed, erected, altered, er repaired tmtess a trtflity contractor ef utility contracting foreman is present at the job site ef seh construc tion, erection, alteration, er repaiief-the utility system.
43-14-8.4. (a) After December 31, 1993, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Divi sion of Utility Contractors.
(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful com pletion of a course of safety training in utility contracting approved by the division. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before June 30, 1994, which documents to the sat isfaction of the division at least two years of experience as a utility foreman during the period of January lj 1984, and December 31, 1993. Any person who does not submit a completed application for certification on or before June 30, 1994, must complete the required safety training order to be certified.
(c) After December 31, 1993, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system."
Section 8. Said chapter is further amended by striking subsection (b) of Code Sec tion 43-14-9, relating to display of licenses, in its entirety and inserting in lieu thereof the following:
"(b) All commercial vehicles used by conditioned far contractors licensees and certifi cate holders exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to conditioned a work which a licensee or certificate holder purports to have the capacity to perform as a eeftditioncd air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 9. Said chapter is further amended by striking Code Section 43-14-12, relat ing to suspension of or refusal to restore licenses and certificates, in its entirety and insert ing in lieu thereof a new Code Section 43-14-12 to read as follows:
"43-14-12. (a) Any municipal or county inspection authority which meets the stan dards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph {6) (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing.
(b) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level.
(c) No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, reg istration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter."
Section 10. Said chapter is further amended by striking Code Sections 43-14-13 and 43-14-14, which read as follows:

838

JOURNAL OF THE HOUSE,

"43-14-13. No provision of this chapter shall be construed as prohibiting or prevent ing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter.
43-14-14. Nothing in this chapter shall repeal or be construed as abrogating or other wise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable law.", in their entirety.
Section 11. Said chapter is further amended by striking Code Section 43-14-15, relating to applicability of the chapter, in its entirety and inserting in lieu thereof the fol lowing:
"43'14-16 43-14-13. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.
(b) Any person who holds a license issued under this chapter may engage in the business of plumbing, electrical contracting, conditioned air contracting, low-voltage con tracting, or utility contracting but only as prescribed by the license, throughout the state; and except as provided in Code Section 43-14-12, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.
{b} (c) This chapter shall not apply to the installation, alteration, or repair of plumb ing, air-conditioning and heating, utility systems, or electrical services, except lowvoltage wiring services or utility systems, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a pub lic service corporation^ an or the electrical, water, or gas department of any municipality in this state, a railroad company, a pipeline company, or a mining company in the exer cise of its normal function as such in rendering its ekriy authorized service as 9eh.
{e)--This chapter shall net apply te the installation, alteration, or repair of plumbing, air-conditiening and heating, e* electrical systems, except low-voltage wiring systems, or

OWneQ Of O{)Crfited^ HI FCHClCf1R itS duly flUtllOFlKGCt 8GFV1CC ftS SUCfl, Dy ft F&lrFOfld CODftTM
pftttyj pipeline compox^yt mining compony, of puoiic utility OP mtimcip&i utility HI tne exercise of its normal functions as a pttbWe utility or where saeb work- is an integral part of aaoy irrigation system en forma, ranches, or other open, unpopulated areas-wfeefe saeh worn win not DC iocdtcd wrtmn ou xeet of ftny dwenin of ftfiy DUtiding devoted TO dni~ jaal husbandry.
(d) This chapter shall not prohibit an individual from installing, altering, or repair ing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fix tures, utility systems, or electrical or low-voltage wiring services in a single-family residential dwelling owned or occupied by him such individual; provided, however, that all such work must be done in conformity with all other provisions of this chapter^ and the orders, the rules; and regulations of the board^ and any applicable county or munici pal resolutions, ordinances, codes, or inspection requirements.
^e)--This chapter shall net prohibit an individual from installing, altering, or repairing plumDiH) piumoin^f rixtupeS) QifTMconcMtioittng Q.RQ fieQtin nxtufeS) utility systems, or c10ctriCfltz or low"voitfljje wiring services HI fl iu?in of ffmcn Duiidin^ owned or occupied by nit provided, however, that aH such work- must be dene in conformity with aft ether provisions ef this chapter and the orders, rules, and regulations of the beati
{0 (e) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political sub division from installing, altering, or repairing plumbing, plumbing fixtures, air-condition ing and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.

FRIDAY, FEBRUARY 19, 1993

839

4f) (t) This chapter shall not prohibit any person from installing, altering, or repair ing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building or as an integral part of any irrigation system on a farm or ranch when such system is not located within 30 feet of any dwelling or any building devoted to animal husbandry. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
{h} (g) This chapter shall not apply to low-voltage wiring performed by public utili ties, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter.
(h) This chapter shall not apply to the installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of elec tric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electri cal Safety Code would not be exempt and must be done by an electrical contractor except as otherwise provided by law.
(i) This chapter shall not apply to any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system.
G) This chapter shall not apply to regular full-time employees of an institution, man ufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility con tracting, or conditioned air work when working on the premises of that employer.
(k) This chapter shall not apply to persons licensed as manufactured or mobile home installers by the state fire marshal when:
(1) Coupling the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured hous ing;
(2) Connecting the exterior sewer outlets to the above-ground sewer system; or (3) Connecting the exterior water line to the above-ground water system. (1) Any person qualified by the Department of Transportation to perform utility con tracting for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contract ing for the department. (m) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality. (n) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Con tractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
Section 12. Said chapter is further amended by striking Code Section 43-14-16, which reads as follows:
"43-14-16. (a) This chapter shall not apply to: (1) The installation, construction, or maintenance of power systems or telecommu
nication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of

840

JOURNAL OF THE HOUSE,

utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or
(2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna televi sion system in the performance of work on the system.
(b) Reserved. (c) This chapter shall not apply to any individual owner or lessee performing plumb ing or related services upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contract ing. Such employees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contract ing, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by
such municipality or county. (f) This chapter shall not prohibit any person from installing, altering, or repairing
plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or
electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance,
code, or inspection requirements of a county or municipality relating to such connec tions.
(g) This chapter shall not apply to manufactured housing service personnel who:
(1) Couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured hous ing;
(2) Connect the exterior sewer outlets to the above-ground sewer system; or (3) Connect the exterior water line to the above-ground water system.
Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level.
(i) Any person qualified by the Department of Transportation to perform utility con tracting for the department shall not be required to be licensed under Code Section
43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contract ing for the department.
(j) This chapter shall not prohibit any person from installing, altering, or repairing
the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done
in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of
a conditioned air contract to install, alter, or repair for or on behalf of such licensed con ditioned air contractor duct systems, control systems, or insulation is not required to
hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any
subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete instal lation, alteration, or repair of a conditioned air system must hold a valid license from
the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, lowvoltage, or plumbing components of a conditioned air system must hold a valid license
from the appropriate division of the board.",

FRIDAY, FEBRUARY 19, 1993

841

in its entirety.
Section 13. Said chapter is further amended by redesignating Code Section 43-14-17 as 43-14-14.
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd, Chandler of the 99th and Watson of the 139th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the provisions relating to membership of the Geor gia Board of Landscape Architects; to provide for an additional member; to provide for terms; to change the provisions relating to qualifications of applicants for licensure as landscape architects; to provide a requirement for continuing education for licensure and the practices and procedures connected therewith; to change the provisions relating to practice of landscape architecture by corporations and partnerships and provide regula tions for practice by other entities; to provide for requirements related to advertising and listings; to change the provisions relating to exemptions from the operation of such chapter of landscape contractors; to provide for other matters relating to landscape architecture; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking subsection (a) of Code Section 43-23-2, relating to creation and membership of the Georgia Board of Landscape Architects, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Georgia Board of Landscape Architects is created and shall be under the jurisdiction of the Secretary of State and the joint-secretary. The board shall be com posed of few five members, each of whom shall be appointed by the Governor. hfee Four of the few five members shall be licensed landscape architects who shall be resi dents of this state and actively engaged in the practice of landscape architecture. The fourth fifth member of the board shall be a resident of this state and shall have no con nection whatsoever with the practice of landscape architecture. The present four mem bers of the board in office on July 1^ 1993, shall serve the remainder of their terms of office, as provided by the law under which each was appointed. The additional member to be added to the board in 1993 shall be appointed for an initial term of four years. Upon the expiration of each present member's term of office, a successor shall be

842

JOURNAL OF THE HOUSE,

appointed for a term of four years, and all succeeding appointments made under this subsection shall be for four-year terms."
Section 2. Said chapter is further amended by striking Code Section 43-23-7, relating to qualifications for licensure and examinations, and inserting in lieu thereof a new Code Section 43-23-7 to read as follows:
"43-23-7. (a) Each applicant for initial licensure as a landscape architect shall: (1) Be at least 18 years of age; and
landscape architecture, provided that a person holding Hold a Bachelor of Arts degree in landscape architecture or a Bachelor of Science degree in landscape architecture
architecture, environmental design, or its equivalent approved by the board may be licensed after having received ee and one-half years ef- training in the ; and
(3) (A) Have at least 18 months of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be subsequent to receiving such undergraduate degree a*d provided, further, that the beard may substitute any educational experience it
graduate degree i landscape architecture, environmental design, or its equivalent ior tiny cQUIv&icftt term flcccssory to flttflin tiic PCQui91tc six ftud onc~ns.li ycfli*& or experience, In the absence ef- a degree in landscape architecture, environmental design, ef its equivalent, aH actual practice shall be ander the direction ef- a licensed landscape architect. 2 if such person earned his or her degree prior to July lj 1993; or
(B) Have three years of training in the actual practice of landscape architecture subsequent to receiving such undergraduate degree as may be approved by the board, if such person earned his or her degree on or after July 1^ 1993. (b) Persons who, on July 1, 1076 1993, held licenses as landscape architects issued under the laws of this state shall not be required to obtain additional licenses under this chapter but shall otherwise be subject to all applicable provisions of this chapter, includ ing those pertaining to renewal of such license; and such licensee shall be considered licensed for all purposes under this chapter and subject to the provisions hereof. (c) The applicant for initial licensure must have passed a written examination gener ally covering the matters confronting landscape architects, provided that persons holding degrees which require five academic years ef- education a Bachelor of Arts degree in landscape architecture or a Bachelor of Science degree in landscape architecture from approved colleges or schools of landscape architecture, environmental design, or their equivalent shall be permitted to take such examination prier te satisfying the actual practice requirements ef this Code section by furnishing satisfactory upon furnishing proof of completion of the three years' experience requirement and proof of their gradu ation to the board. The examination shall cover such matters as are reasonably calcu lated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing."
Section 3. Said chapter is further amended by adding, following Code Section 43-23-7, a new Code Section 43-23-7.1 to read as follows:
"43-23-7.1. (a) The board shall be authorized to require persons holding a license under this chapter to complete board approved continuing education of six hours per year. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations.
(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section."

FRIDAY, FEBRUARY 19, 1993

843

Section 4. Said chapter is further amended by striking Code Section 43-23-14, relat ing to the practice of landscape architecture by corporations and partnerships, and insert ing in lieu thereof a new Code Section 43-23-14 to read as follows:
"43-23-14. Any partnershipj firm, or corporation may engage in the practice of land scape architecture, as defined in this chapter, provided that any service which consti tutes the practice of landscape architecture shall be supervised by a duly licensed landscape architect who shall be responsible for the services furnished by the partnership; firm, or corporation which would otherwise fall within the purview of this chapter. In no event shall the other members of the partnership, firm, or corporation be desig nated or described as landscape architects if they are not so licensed; and the term land scape architect or any abbreviation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership, firm, or corporate name in which any person is identified who is in fact not a licensed landscape architect. Upon approval of the board, any partnership, firm, or corporation may operate branch offices in this state to provide landscape architectural services, provided that each branch office has a resident landscape architect licensed under this chapter. All classi fied directory listingsz advertisements, signs, and broadcast commercials, except letter heads and business cards, of corporations, firms, or partnerships offering landscape architectural services shall include the name and license number of a duly licensed land scape architect providing such services."
Section 5. Said chapter is further amended by striking Code Section 43-23-17, relat ing to exceptions to the operation of the chapter, and inserting in lieu thereof a new Code Section 43-23-17 to read as follows:
"43-23-17. (a) Except as otherwise provided in this chapter, this chapter shall not apply to:
(1) A landscape contractor; including a residential landscape contractor, engaging in the business of or acting in the capacity of a contractor or landscape contractor in
UllS SWliJC lUSOlflf ft8 n& WlftfC9 Ht LflG1 DU31ttCSS OF flCtS tfi tttC Cft]3ftClty Or ft 1tRu9CEXf)
contractor its various feasts j provided that he or she is the prime contractor for the installation of his or her design. A contractor or landscape contractor may not per form design services without also performing the installation of said design;
(2) Any person whose services are offered solely as a gardener or nurseryman; (3) Any person qualified by training or experience or by both training and experi ence whose services are offered solely as a municipality municipal, regional, or urban planner; or (4) Any person employed by a state agency, county, or municipality who engages in the business of or acts in the capacity of a landscape architect, insofar as such acts are performed in the course of employment with the respective governmental entity on lands owned by the jurisdiction by which employed. (b) None of the persons mentioned in subsection (a) of this Code section shall use the title 'landscape architect' without complying with this chapter."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister N Barfoot Y Bargeron
Barnes N Bates

Y Benefield Y Birdsong Y Bordeaux
Bostick N Breedlove Y Brooks.D Y Brooks.T N Brown Y Buck

Y Buckner N Bunn Y Burkhalter Y Byrd Y Campbell N Canty N Carlisle Y Carrell Y Carter

Cauthorn Y Chamblesa Y Chandler Y ChanneU Y Childere
Clark Y Coker Y Coleman.B
Coleman.T

Colwell Y Connell Y Co* N Crawford N Crews Y Culbreth N Cummings N Davis.G N Davis,M

844

JOURNAL OF THE HOUSE,

E Dickinson NDi* NDon,H YDixon.S NDobbs N Dover N Ehrhart Y Epps N Evans
Felton FloydJ.M NFloyd,J.W NGodbee N Golden Y Goodwin Greene Y Groover Hammond YHanner YHarris,B N Harris.M YHart Y Heard NHegstrom NHembree Henson N Holland

N Holmes N Howard N Hudson N Hughes YHugley N James N Jamieson E Jenkins Y Johnson,D.H YJohnson,E YJohnson.G YJohnson,J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd N Lakly
Lane,D NLane,R Y Lawrence N Lawson Y Lee N Lewis N Lord

Lucas N Maddox N Mann Y Martin N McBee Y McClinton
McKinney,B Milam N Mills N Mobley,B Y Mobley,J N Moore N Mosley Mueller Oliver N O'Neal Y Orrock N Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry N Pinholster Y Poag Y Polak N Porter

Poston Y Powell N Purcell N Randall N Randolph Y Ray N Reaves N Reichert
Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith.C N Smith,L N Smith,P N Smith.T N Smith,V Y Smith,W Y Smyre N Snow Y Stancil.F

N Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas.C Y Tillman N Titus Y Towery Y Trense
Turnquest N Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams.R N Yates N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 83, nays 72. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representatives Barnes of the 33rd, Cauthorn of the 35th, Hammond of the 32nd and Jenkins of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Skipper of the 137th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 714.

HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Anno tated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.

The following Committee substitute was read:

A BILL
To amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in coun ties where the legal organ is published less often than four times weekly; 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 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows:
"(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 con taining such information shall be posted and maintained in a conspicuous place available

FRIDAY, FEBRUARY 19, 1993

845

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 news paper having a general circulation in said county at least equal to that of the legal organ; provided, however, that in counties where the legal organ is published less often than four times weekly, 'due notice' shall additionally include, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice to that requesting media outlet by telephone or facsimile within 24 hours of called meetings. 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. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Johnson of the 84th and Wall of the 82nd move to amend HB 600 by striking line 3 on page 1 and inserting the following:
"as to provide a new definition; to provide for additional notice of called meetings in".
By striking lines 8 and 9 on page 1 and inserting the following:
"Section 1. Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, is amended by striking paragraph (1) of subsection (a) and inserting a new paragraph to read as follows:
'(1) "Agency" means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdi
vision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar
body of each such county, municipal corporation, or other political subdivision of the state! including any corporation or other entity which by lease or contract per forms the duties of an authority;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and
(E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 Vs percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospi tals, nursing homes, dispensers of pharmaceutical products, or any other type orga nization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.'

846

JOURNAL OF THE HOUSE,

Section 2. Said Code section is further". By renumbering Section 2 as Section 3.

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

NAshe N Atkins N Bailey N Baker N Bannister
NBarfoot N Bargeron Y Barnes N Bates N Benefield
Birdsong N Bordeaux
Bostick N Breedlove N Brooks.D Y Brooks.T N Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle
Carrell N Carter Y Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman.B
N Coleman,T

N Colwell N Connell
NCox N Crawford N Crews
N Culbreth N Cummings N Davis.G N Davis.M E Dickinson YDix N Dixon,H
N Dixon,S Dobbs Dover
N Ehrhart NEpps N Evans N Felton
FloydJ.M N Floyd,J.W NGodbee N Golden YGoodwin
Greene N Groover N Hammond
Hanner Y Harris,B N Harris,M
NHart N Heard N Hegstrom N Hembree
Henson
N Holland

Y Holmes N Howard N Hudson
N Hughes N Hugley N James N Jamieson N Jenkins N Johnson,D.H N Johnson.E N Johnson,G Y Johnson.J Y Johnston
N Jones N Joyce
Kaye N Kinnamon N Klein NLadd NLakly N Lane.D N Lane.R Y Lawrence N Lawson NLee N Lewis NLord N Lucas N Maddox
NMann N Martin N McBee Y McClinton
McKinney,B Milam
N Mills

N Mobley,B Y Mobley,J
N Moore N Mosley N Mueller
Oliver YO'Neal
N Orrock N Padgett NParham NParrish N Patten
Pelote N Perry N Pinholster NPoag NPolak
N Porter N Poston N Powell N Purcell NRandall N Randolph NRay N Reaves N Reichert
Roberta N Royal N Scoggins Y Shanahan N Sherrill N Shipp N Simpson
Sinkfield N Skandalakis N Skipper

Y Smith.C N Smith.L Y Smith^ N Smith.T Y Smith,V N Smith,W NSmyre NSnow N Stancil.F Y Stancil,S N Stanley.L
N Stanley,P Y Stephenson
N Streat N Taylor NTeague
YTeper N Thomas.C
Tilhnan N Titus N Towery N Trense
Turnquest NTwiggs N Vaughan N Walker YWall N Watson N Watts N Westmorland Y White
Williams.B N Williams,R N Yates N Yeargin
MurphytSpkr

On the adoption of the amendment, the ayes were 22, nays 137. The amendment was lost.

Representative Kaye of the 37th 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 Committee substitute was adopted.

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

Y Ashe Y Atkins
Y Bailey Y Baker
Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates

Y Benefield Birdsong
Y Bordeaux Bostick
Y Breedlove
Y Brooks,D Y Brooks,T Y Brown
YBuck

Y Buckner YBunn
Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter

Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Y Coleman,B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M

FRIDAY, FEBRUARY 19, 1993

847

E Dickinson Y Dix Y Dixon,H Y Dkon,S
Dobbs Dover Y Ehrhart Y Epps Y Evans Y Felton
FloydJ.M Y Floyd,J.W Y Godbee Y Golden
Y Goodwin Greene
Y Groover Y Hammond Y Manner
Y Harris,B Y Harris.M Y Hart Y Heard Y Hegstrom YHembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes YHugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson,J
Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd
Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord

Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney,B Milam Y Mills Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter

Y Poston Y Powell Y Purcell Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
Y Skandalakis Y Skipper Y Smith.C
Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith,W Y Smyre Y Snow Y Stancil.F

Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomaa.C
Tillman
Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall
Watson
Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Judiciary.

HB 798. By Representatives Hammond of the 32nd, Skipper of the 137th, Cauthorn of the 35th, Holland of the 157th, Bostick of the 165th and others:
A bill to amend Code Section 40-6-392 of the Official Code of Georgia Anno tated, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, so as to provide that when the chemical analysis of a person's breath is taken by a law enforcement officer or other qualified person, the breath testing machine shall be operated with all of the electronic and operating components.

The following Resolution of the House was read:

HR 323. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Groover of the 125th and Connell 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 5:00 P.M. on Friday, February 19, 1993, and shall recon vene on Monday, February 22, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 22 may be as ordered by the Senate; and the hour for convening the House on February 22 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:

848

JOURNAL OF THE HOUSE,

YAshe Y Atkins
Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron YBarnes Y Bates Y Benefield
YBirdsong Bordeaux Bostick
Y Breedlove Y Brooks.D
Brooks.T Y Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y CampbeU
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman.B
Y Coleman.T

Y Colwell Y Connell YCoi Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M E Dickinson YDix Y Diion.H
Diion.S Dobbs Dover YEhrhart
YEpps Y Evans
Y Felton Floyd,J.M
Y Floyd,J.W
YGodbee Y Golden YGoodwin
Greene Y Groover Y Hammond Y Manner YHarris3 Y Harris,M YHart Y Heard
Y Hegstrom Hembree
Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson YJenkins Y Johnson,D.H
Johnson,E JohnsontG Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddoi YMann Y Martin
YMcBee Y McClinton
McKinney.B Milam
Y Mills

Y Mobley,B Y Mobley.J
Y Moore Y Mosley
Mueller
Y Oliver Y O'Neal YOrrock Y Padgett YParham
Y Parrish Y Patten
Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston Y Powell YPurcell YRandall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal YScoggins YShanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

On the adoption of the Resolution, the ayes were 154, nays 1. The Resolution was adopted.

Y Smith.C Y Smith,L Y Smith,P
Smith.T Y Smith,V
Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S
Y Stanley,L Y Stanley,P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C
Tillman Y Titus Y Towery YTrense
Turnquest
YTwiggs YVaughan Y Walker YWall Y Watson
Watts Y Westmoreland Y White Y Williams.B Y Williams.R YYates YYeargin
Murphy.Spkr

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

HR 182. By Representative Jamieson of the 22nd:
A resolution authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun County.

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 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 69. By Senator Dean of the 31st: A resolution designating the Syble W. Brannan 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 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 19, 1993

849

HB 429. By Representatives Smith of the 175th, Hart of the 116th, Purcell of the 147th, Henson of the 65th, Ray of the 128th and others:
A bill to amend Part 2 of Article 9 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to receipt and disbursement of local school funds, so as to change the purposes for which those funds may be expended.

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

N Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes
Y Bates Y Beneiield
Y Birdsong Bordeaux Bostick
N Breedlove Y Brooks,D
Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter
YByrd Y CampbeU Y Canty Y Carlisle
Carrell Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B N Coleman.T

Y Colwell Y Connell YCoi Y Crawford Y Crews Y Culbreth N Cummings Y Davis.G Y Davis,M E Dickinson NDix Y Dixon.H
Y Diion,S YDobbs
Dover NKhrhart
YEpps Y Evans Y Felton
Floyd,J.M N Floyd,J.W YGodbee Y Golden YGoodwin
Greene Groover Y Hammond Hanner N HarrU,B N Harris.M
YHart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson
Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G N Johnson,J Y Johnston Y Jones
N Joyce YKaye Y Kinnamon Y Klein NLadd YLakly
YLaneJ) YLane,R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin YMcBee Y McClinton
McKinney,B Milam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver YO'Neal YOrrock Y Padgett YParham YParrish
Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph
YRay Reaves
Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield N Skandalakis
Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith,T
Y Smith.V Smith,W
YSmyre YSnow
Y Stancil,F N Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Streat Y Taylor YTeague
Teper Y Thomas,C Y Tilhnan Y Titus
N Towery N Trense Y Tumquest YTwiggs
Y Vaughan N Walker YWall N Watson N Watts N Westmoreland Y White Y Williams,B Y WiUiams,R YYates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 21. The Bill, having received the requisite constitutional majority, was passed.

Representative Teper of the 61st 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 349. By Representatives Parrish of the 144th, Coleman of the 142nd and Davis of the 48th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.

850

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 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 143. By Representatives Thomas of the 100th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolution programs in each county of this state.

The following Committee substitute was read and adopted:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolution programs in each county of this state; to provide for a short title; to provide for definitions; to autho rize the creation of boards of trustees and county funds for the administration of alterna tive dispute resolution programs; to provide for the activation of boards and funds; to provide for officers; to provide for quorums; to provide for boards; to provide for powers, duties, and authority; to provide for the imposition, collection, and expenditure of addi tional sums in civil actions and cases; to provide for accounts; to provide for acceptance and use of gifts, grants, devises, and bequests and other things of value; to provide for compensation for certain persons; to provide for user's fees; to provide for the combination of boards and funds and the operation of joint programs; to provide for practices and pro cedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end thereof a new Chapter 23 to read as follows:
"CHAPTER 23
15-23-1. This chapter shall be known and may be cited as the 'Georgia Courtannexed Alternative Dispute Resolution Act.'
15-23-2. As used in this chapter, the term: (1) 'Alternative dispute resolution' or 'ADR' refers to any method other than liti
gation for resolution of disputes. Alternative dispute resolution methods include medi ation, arbitration, early case evaluation or early neutral evaluation, summary jury trial, and minitrial.
(2) 'Board' means the board of trustees of a Fund for the Administration of Alter native Dispute Resolution Programs created by Code Section 15-23-3.
(3) 'Fund' means one or more funds created pursuant to Code Section 15-23-8. 15-23-3. There is created in each county in this state a board to be known as the Board of Trustees of the ___________ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall consist of the chief judge of the superior court of the circuit in which the county is located, or the superior court judge with the longest service if there is no chief judge, the senior judge of the state court, if any, the judge of the probate court, the chief magistrate or a magistrate desig nated by the chief magistrate, the clerk of the superior court, and one practicing attor ney appointed by other members of the board. The chief judge of the superior court shall serve as chairperson of the board. The member who is the practicing attorney shall serve at the pleasure of the other members of the board. All members shall serve with out compensation. A majority of the members of the board shall constitute a quorum for the transaction of all business that may come before the board.

FRIDAY, FEBRUARY 19, 1993

851

15-23-4. There is created an office to be known as secretary-treasurer of the board of trustees of the County Fund for the Administration of Alternative Dispute Resolution Programs in each county. The secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. The board may appoint one of its own members as secretary-treasurer or, in its discretion, may designate some other per son to act as secretary-treasurer of the board. The secretary-treasurer of the board shall perform the duties provided for the treasurer in this chapter.
15-23-5. The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the county, in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him or her. The premium on the bond shall be paid out of the fund in such county.
15-23-6. The board is given the following powers and duties: (1) To provide for the collection of all money provided for in this chapter; (2) To manage, control, and direct such fund and the expenditures made there
from; (3) To distribute the moneys coming into the fund in such manner and subject to
such terms and limitations as the board, in its discretion, shall determine will best meet the purpose of this chapter in promoting the alternative resolution of disputes and the efficient administration of justice;
(4) To contract for the investment, pooling, and expenditure of funds; (5) To adopt such rules and regulations as may be necessary to manage such fund and provide for such programs;
(6) To keep records of all its meetings and proceedings; and
(7) To exercise all other powers necessary for the proper administration of the funding mechanism provided for in this chapter.
15-23-7. For the purposes of providing court-annexed or court-referred alternative dispute resolution programs, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts within the county. A case, within the meaning of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not. The amount to be collected in each case, if any, shall be fixed, and may from time to time be changed, in an amount not to exceed $5.00 by the chief judge of the superior court or, if there be no chief judge, by the superior court judge with the longest service, who shall, after advising and notifying the chairper son of the county governing authority, order the clerk to collect said fees and remit them to the treasurer of the county fund for the administration of alternative dispute resolution programs. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for an alternative dispute resolution pro gram in one or more of the courts within the county. The clerk of each and every such court in such counties shall collect such fees and remit the same to the treasurer of the board of the county in which the case was brought, on the first day of each month.
15-23-8. The board shall have control of the funds provided for in this chapter. All funds received shall be deposited in a special account to be known as the ___________ County Fund for the Administration of Alternative Dispute Resolu tion Programs. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state.
15-23-9. The board may take, by gift, grant, devise, or bequest, any money, real or personal property, or other thing of value and may hold or invest the same for the uses and purposes of the provision and operation of alternative dispute resolution programs.
15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chap ter shall be available to any court which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of

852

JOURNAL OF THE HOUSE,

the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Pro grams.
15-23-11. (a) Under guidelines promulgated by the Georgia Commission on Dispute Resolution, a court may set an hourly rate for compensation of nonvolunteer neutrals by the parties. Such costs shall be predicated upon the complexity of the litigation, the skill level needed by the neutral, and the litigants' ability to pay.
(b) Under guidelines promulgated by the Georgia Commission on Dispute Resolu tion, a court may set a user's fee for alternative dispute resolution processes.
15-23-12. Notwithstanding any other provision of this chapter, the board of trustees of each county fund is authorized by contract to combine such fund with the fund of any other county or counties within the same judicial circuit, within the same adminis trative district, or in any other combination which would foster an efficient use of avail able resources. Any such combined fund created by any such contract shall be administered by a board of trustees which shall be composed of the judicial members and the clerks who are members of the boards of trustees of each participating county fund without the participating attorney members thereof but with one practicing attor ney appointed by the members of the combined board. In the event two or more county funds are combined, the board of trustees of the combined fund may appoint a secre tary-treasurer for the combined fund who shall perform such duties as may be provided by the combined board of trustees and who shall give bond in the same manner as pro vided by Code Section 15-23-5. The combined board shall be chaired by the chairperson of one of the constituent county boards elected by the combined board as provided by contract. In the event two or more boards combine as provided in this Code section, the judges of the courts within such combined territory are authorized to combine programs for such courts to provide for the most efficient use of available resources in providing alternative dispute resolution programs."
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 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 180. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Carrell of the 87th and Davis of the 48th:
A resolution creating the Georgia Lead Poisoning Prevention Study Commit tee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 162. By Representative Twiggs of the 8th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions relative to law enforcement officers, so as to provide that when a person being taken into custody injures or other wise contacts a law enforcement officer the officer may take certain steps to determine whether the person has an infectious or communicable disease.

The following Committee substitute was read:

FRIDAY, FEBRUARY 19, 1993

853

A BILL
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers, so as to provide that when a per son being taken into custody injures or otherwise contacts a law enforcement officer the officer may take certain steps to determine whether the person has an infectious disease; to define a certain term; to provide for procedures; to provide for determination of reason able cause; to provide for payment of costs of any procedures carried out under this Act; 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 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers, is amended by adding a new Code Section 35-1-11 to read as follows:
"35-1-11. (a) As used in this Code section, the term 'infectious disease' means infec tious hepatitis or HIV as defined in Code Section 31-22-9.1.
(b) If any person, while in custody or in the process of being taken into custody, injures or has injured or contacts or has contacted a law enforcement officer in such a manner as to present a possible threat of transmission of an infectious disease to the law enforcement officer, reasonable steps may be taken by the law enforcement officer to determine whether such person has an infectious disease capable of being transmitted by the injury or contact involved. Such steps may include, but shall not be limited to, any appropriate medical examination of or collection of medical specimens from such person. In the event such person in custody or in the process of being taken into custody refuses to cooperate in any such procedures, the law enforcement officer may apply to the superior court of the county for an order authorizing the use of any degree of force reasonably necessary to complete such procedures. Upon a showing of probable cause that the injury or contact presents the threat of transmission of an infectious disease, the court shall issue an order authorizing that reasonable measures may be taken to per form any medical procedures reasonably necessary to ascertain whether an infectious disease has been transmitted. In addition to any other grounds sufficient to show proba ble cause for the issuance of such an order, such probable cause may be conclusively established by evidence of the injury or contact in question and a statement by a licensed physician that the nature of the injury or contact is such as to present a threat of transmission of an infectious disease if the person has such a disease. If the person against whom an order is issued is in custody, the jurisdiction having custody of such person shall comply with such order. If the person against whom an order is issued is no longer in custody, the sheriff of the jurisdiction in which such person was arrested shall comply with such order. The cost of any procedures carried out under this Code section shall be borne by the employing agency of the law enforcement officer subject to the contact."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Teper of the 61st moves to amend the Committee substitute to HB 162 as follows:
Add on page 1 line 22 after the word "contacted"
"and blood is transferred to".

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

Y Ashe N Atkins
Bailey

Y Baker N Bannister
N Barfoot

N Bargeron N Barnes
N Bates

Benefield Birdsong
N Bordeaux

Bostick N Breedlove
N Brooks.D

854

JOURNAL OF THE HOUSE,

Y Brooks.T Y Brown NBuck
N Buckner NBunn N Burkhalter NByrd N Campbell N Canty N Carlisle
Carrell Carter
N Cauthorn N Chambless N Chandler N Cbannell N Childers N Clark N Coker N Coleman.B
Coleman.T N Colwell N Connell NCoi N Cravrford
N Crews N Culbreth N Cummings N Davis.G N Davis.M E Dickinson
ND Dixon,H

N Dixon,S Dobbs
N Dover N Ehrhart YEpps
Evans N Felton
Floyd,J.M N Floyd,J.W YGodbee N Golden N Goodwin
Greene N Groover
N Hammond N Hanner N Harris,B N Harris.M YHart N Heard Y Hegstrom
N Hembree Y Henson N Holland N Holmes Y Howard N Hudson N Hughes N Hugley N James N Jamieson N Jenkins
Johnson.D.H

N Johnson,E N Johnson.G N Johnson,J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane,D N Lane,R N Lawrence N Lawson
NLee N Lewis
NLord N Lucas
N Maddox N Mann Y Martin
N McBee N McClinton N McKinney.B NMilam N Mills Y Mobley,B N Mobley,J N Moore N Mosley N Mueller
Oliver

N O'Neal YOrrock N Padgett N Parham N Parrish
Patten Y Pelote Y Perry N Pinholster NPoag Y Polak
Porter
Poston N Powell N Purcell YRandall Y Randolph
NRay N Reaves
Reichert Roberts
N Royal Y Scoggins N Shanahan N Sherrill
NShipp N Simpson
Sinkfleld N Skandalakis N Skipper N Smith.C N Smith.L N Smith,P

N Smith,T N Smith,V N Smith,W
NSmyre NSnow
Stancil.F N Stancil.S
Y Stanley,L N Stanley,? N Stephenson
N Streat N Taylor YTeague YTeper N Thomas.C
NTiUman N Titus N Towery N Trense Y Turnquest NTwiggs N Vaughan
Walker NWall N Watson N Watts N Westmorland
White N WiUiams,B N Williams.R NYates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 23, nays 132. The amendment was lost.

The following amendments were read and adopted:

Representatives Hart of the 116th and Brown of the 117th move to amend the Com mittee substitute to HB 162 as follows:
To add on line 22 after the word "or" physically.

Representative Bordeaux of the 151st moves to amend the Committee substitute to HB 162 as follows:
By inserting the word "reasonable" on page 2, line 11 between the word "the" and the word "threat".

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:

NAshe Y Atkins Y Bailey N Baker
Bannister Y Barfoot Y Bargeron Y Barnes Y Bates

Y Benefield
Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks,D
N Brooks,T Brown
YBuck

Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty N Carlisle Y Carrell
Carter

Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Coleman,B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M

FRIDAY, FEBRUARY 19, 1993

855

E Dickinson Y Dix Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Ehrhart Y Epps
Evans Y Felton
Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Greene Y Groover
Y Hammond Y Hanner Y Harris,B Y Harris.M Y Hart N Heard N Hegstrom
Y Hembree N Henson Y Holland

N Holmes Y Howard Y Hudson Y Hughes
N Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E YJohnson,G Y Johnson,J Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
Y Lee Y Lewis Y Lord

Y Lucas Y Maddoi Y Mann N Martin
N McBee N McClinton Y McKinney,B Y Milam Y Mills N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal N Orrock
Y Padgett Y Parham Y Parrish
Patten N Pelote Y Perry Y Pinholster
Y Poag N Polak Y Porter

Y Poston Y Powell Y Purcell Y Randall
N Randolph Y Ray Y Reaves N Reichert
Roberts Y Royal N Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis
Y Skipper Y Smith.C Y Smith,L Y Smith,? Y Smith.T Y Smith,V Y Smith,W
Y Smyre Y Snow Y Stancil.F

Y Stancil,S N Stanley.L N Stanley,? Y Stephenson
Y Streat N Taylor N Teague N Teper Y Thomas.C N Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan
Walker
Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Evans of the 28th 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 584. By Representatives Cauthorn of the 35th, Culbreth of the 132nd, Byrd of the 170th, Harris of the 112th, Snow of the 2nd and others:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Anno tated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 379. By Representative Williams of the 63rd:
A bill to amend Code Section 43-17-9 of the Official Code of Georgia Anno tated, relating to exemptions from the "Georgia Charitable Solicitations Act of 1988," so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

856

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Gov ernmental Affairs.

SB 53. By Senator Alien of the 2nd:
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 message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 323. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Groover of the 125th and Connell of the 115th: A resolution relative to adjournment.
Pursuant to HR 323, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 22, 1993.

MONDAY, FEBRUARY 22, 1993

857

Representative Hall, Atlanta, Georgia Monday, February 22, 1993

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:

Ashe
Atkins Baker Bannister Barnes Bates Benefield Birdsong Bordeaux Boatick Breedlove
Brooks.D Brooks.T Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carlisle Carter Chambless Chandler Channel! Childers Clark Coker Coleman,B Coleman.T

Colwell Connell Cox Crawford
Crews Culbreth Davis,G Davis.M Dix Dixon,H Dixon,S Dobbs Dover Ehrhart Epps Evans Felton Floyd,J.M God bee Golden Greene Groover Hammond Harris.B Harris.M Hart Heard Hembree Holland Howard Hudson

Hughes Hugley James Jamieson Johnson,D.H Johnson,E Johnson,G Johnson,J Johnston Joyce Kaye Kinnamon Klein
Ladd Lakly Lane.D Lane,R Lawrence Lawson Lee Lewis Lord Lucas Maddox McBee McClinton Milam Mills Mobley,B MobleyJ Moore

Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Pelote Perry Pinholster Poag Polak Porter Poston Powell Purcell Randall
Randolph
Ray Reaves
Reichert
Roberts
Royal Scoggins
Shanahan
Sherrill
Shipp
Sinkfield
Skandalakis

Skipper Smith.C Smith.L Smith,P Smith,T Smith,V Smith.W Snow Stancil.F Stancil.S Stephenson Streat Teper Tillman Titus Towery Trense Turnquest
Twiggs Vaughan
Walker
Wall
Watson
Watts
Westmoreland
Williams.B
Williams.R
Yates
Yeargin
Murphy ,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Manner of the 159th, Patten of the 176th, Thomas of the 100th, Jones of the 71st, Stanley of the 50th, Stanley of the 49th, McKinney of the 51st, Goodwin of the 79th, Cauthorn of the 35th, Smyre of the 136th, Simpson of the 101st, Henson of the 65th, Jenkins of the 110th, Bailey of the 93rd and Taylor of the 134th.
They wish to be recorded as present.

The following communication was received:

House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
February 22, 1993

Mr. Robert Rivers, Clerk Ga. House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Clerk:

858

JOURNAL OF THE HOUSE,

I understand that a roll call vote was taken in the House of Representatives today, Febru ary 22, 1993 and that I was shown as an excused absence.
The reason for my absence was due to my being in Polk County to assess the damages and to meet with local government officials regarding the damages and extent of the tornadoes and storms that did considerable destruction last night.
I request that a copy of this letter be placed in the House Journal for this date.
With kindest regards, I am
Sincerely,
/s/ Bill Bill Cummings District 27
BC/jh

Prayer was offered by the Reverend A. Troy Acree, Associate Pastor, McConnell Memorial Baptist Church, Hiawassee, Georgia.

The members pledged allegiance to the flag.

Representative Byrd of the 170th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 829. By Representatives Williams of the 63rd, Murphy of the 18th, Felton of the 43rd, Godbee of the 145th, Connell of the 115th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to require the offering of certain athletic activities in the elementary and sec ondary schools.
Referred to the Committee on Education.

MONDAY, FEBRUARY 22, 1993

859

HB 830. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act creating the Clayton County board of commissioners, so as to change the composition of districts from which members of the Clayton County board of commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 831. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act changing the composition of and manner of selection of the Clayton County board of education, so as to change the composition of districts from which members of the Clayton County board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 832. By Representatives Coker of the 31st, Smith of the 174th, Dixon of the 150th, Ray of the 128th, Jenkins of the 110th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a con victed felon through the use of a firearm.
Referred to the Committee on Special Judiciary.

HB 833. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th:
A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for staggered two-year terms for the mayor and council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 835. By Representatives Harris of the 112th, Walker of the 141st and Groover of the 125th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions.
Referred to the Committee on Ways & Means.

HB 836. By Representatives Davis of the 48th, McKinney of the 51st, Ashe of the 46th, Stanley of the 50th and Holmes of the 53rd:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

860

JOURNAL OF THE HOUSE,

HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd, Johnson of the 97th, Atkins of the 29th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontrac tors, and suppliers; to provide for definitions; to provide time limits for pay ments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.
Referred to the Committee on Industry.

HB 838. By Representatives Snow of the 2nd, Harris of the 112th, Bargeron of the 120th, Padgett of the 119th, Powell of the 23rd and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories.
Referred to the Committee on Public Safety.

HB 839. By Representatives Milam of the 130th and Epps of the 131st:
A bill to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 840. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to provide for a vice-chairperson of the Board of Commission ers; to provide for a quorum to conduct meetings.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th, Skipper of the 137th, Martin of the 47th and others:
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 regarding reporting spontaneous fetal deaths.
By unanimous consent, HB 842 was ordered engrossed.
Referred to the Committee on Health & Ecology.

HB 843. By Representatives Howard of the 118th, Williams of the 114th, Brown of the 117th, Hart of the 116th and Padgett of the 119th:
A bill to amend an Act creating the Augusta-Richmond County Coliseum Authority, so as to change the name of the Authority; to provide for the expiration of the terms of office of the current members; to provide for appointment and terms of office of new members and their successors.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 22, 1993

861

HB 844. By Representatives Murphy of the 18th, Colwell of the 7th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Anno tated, relating to employment of penal institution inmates and production of goods by inmates, so as to change provisions relating to prohibited sales to private persons, firms, associations, and corporations; to provide that such prohibition shall not apply to a sale to a private contractor of items for use in the completion of a publicly funded project.
Referred to the Committee on State Institutions & Property.

HB 845. By Representatives Greene of the 158th and Skipper of the 137th:
A bill to provide for the election of the Board of Education of Marion County and the procedures connected therewith.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 846. By Representative Greene of the 158th:
A bill to amend an Act entitled "An Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax com missioner of Quitman County," so as to abolish the present mode of compen sating said tax commissioner, known as the fee system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 847. By Representative Byrd of the 170th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers so as to provide for regulation of limousine carriers by the Public Service Commission.
Referred to the Committee on Industry.

HB 848. By Representatives Lucas of the 124th, Lawrence of the 64th, Davis of the 48th, Sherrill of the 62nd, Tillman of the 173rd and others:
A bill to amend various statutory references to "personal care homes" so as to delete the term; to provide for a new category of facilities to be designated as "adult residential care homes" and replace certain statutory references to "personal care homes" with the new designation.
Referred to the Committee on Human Relations & Aging.

HR 309. By Representatives Smith of the 109th, Maddox of the 108th and Carlisle of the 107th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law.
Referred to the Committee on Industry.

HR 310. By Representative Benefield of the 96th:
A resolution urging Congress to appropriate funds for certain public parks and recreation lands in Georgia.
Referred to the Committee on Game, Fish & Parks.

862

JOURNAL OF THE HOUSE,

HR 311. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd, Purcell of the 147th and others: A resolution urging the United States Army Corps of Engineers to keep its planning, engineering, and construction functions in Savannah.
Referred to the Committee on Industry.
HR 328. By Representative Ladd of the 59th: A resolution amending the Rules of the House of Representatives so as to provide that rules of local delegations shall not be observed by the Commit tee on State Planning and Community Affairs if such rules would allow local legislation to be favorably reported without the signatures of a sufficient number of members to represent at least 60 percent of the total population of the political subdivision affected.
Referred to the Committee on Rules.
HR 329. By Representative Ladd of the 59th: A resolution amending the Rules of the House of Representatives so as to revise procedures relative to the consideration of local legislation.
Referred to the Committee on Rules.
HR 331. By Representative Byrd of the 170th: A resolution to create the Study Committee on Employee Training in the Construction Industry.
Referred to the Committee on Rules.

HR 332. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and others:
A resolution creating the Joint Commission on Legislative Information Man agement.
Referred to the Committee on Rules.

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

HB 854. By Representatives Smith of the 169th, Byrd of the 170th, Watts of the 26th, Dixon of the 150th, Dover of the 9th and others:
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, so as to change the provisions relating to courses of study in sex education and AIDS prevention.
Referred to the Committee on Education.

HB 860. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th, Barnes of the 33rd, Bostick of the 165th and others:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to pro vide for the reporting of the offense of carrying weapons at school functions or on school property; to provide for the conducting of searches of students and certain property of students under certain circumstances.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 22, 1993

863

HB 861. By Representatives Holmes of the 53rd, McKinney of the 51st, Mobley of the 69th, Polak of the 67th, McClinton of the 68th and others:
A bill to amend Code Section 48-8-6 of the Official Code of Georgia Anno tated, relating to prohibitions regarding the imposition of certain local taxes, so as to provide for applicability with respect to any sales tax, use tax, or sales and use tax levied and imposed pursuant to Section 25 of an Act approved March 10, 1965 as amended.
By unanimous consent, HB 861 was ordered engrossed.
Referred to the Committee on Ways & Means.

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

HB 812 HB 813
HB 814 HB 815 HB 816 HB 817
HB 818 HB 819 HB 820
HB 821 HB 822
HB 823 HB 824 HB 825
HB 826

HB 827 HB 828
HB 834 HB 841 HR 330 SB 20
SB 47 SB 48 SB 120
SB 141 SB 148
SB 189 SB 259 SR 142
SR 153

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 304 Do Pass HR 327 Do Pass HR 306 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

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

864

JOURNAL OF THE HOUSE,

HB 757 Do Pass HB 758 Do Pass HB 774 Do Pass

HB 776 Do Pass HB 789 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 22, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enu merated below:
HB 24 Drivers' licenses; mandatory suspension; blood alcohol content HB 191 Alternative incarceration; adult education courses; participation HB 228 Water pollution control; sludge land application HB 232 Inmates; medical treatment; reimbursement HB 304 Registrars; nomination or election to office HB 462 Athlete agents; definitions; registration provisions HB 543 Local govt; bonds for public contractors; amend provisions HB 544 Mechanics' and materialmen's liens; notice of lien rights HB 545 Construction contractors; payment bonds or security deposits HB 546 Highways; commercial driveway permit; fees HB 651 North Georgia Mountains Authority; authorizations
HR 121 Gilmer County; grant easement HR 228 Hall County; convey property HR 229 Habersham County; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 757. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 758. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.

MONDAY, FEBRUARY 22, 1993

865

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 774. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 776. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 789. By Representative Coleman of the 142nd:
A bill to amend an Act providing a new charter for the City of Eastman, so as to change the provisions relating to the filling of vacancies on the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 643. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts from which the commissioners are elected.

866

JOURNAL OF THE HOUSE,

HB 673. By Representative Streat of the 167th:
A bill to reconstitute the Board of Education of Atkinson County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 687. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Monroe County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

HB 697. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.

SB 5. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th 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; 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 agency reviews of existing and proposed programs of each state agency.

SB 8. By Senators Garner of the 30th, Dawkins of the 45th, Walker of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of real prop erty through the State Properties Commission, so as to provide for the issu ance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state govern ment.

SB 121. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defini tions; to provide for penalties.

SB 156. By Senator Pollard of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters; to provide an effective date.

MONDAY, FEBRUARY 22, 1993

867

SB 165. By Senators Gochenour of the 27th, Edge of the 28th and Glanton of the 34th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton miscon duct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.
SB 171. By Senators Farrow of the 54th, Edge of the 28th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relation ship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more per sons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contin gency has occurred.
SB 200. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to enact the "Pollution Preven tion Assistance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Prevention Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for comprehensive planning.
SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Anno tated, relating to the contents of the model basic health insurance plan, so as to authorize the Commissioner of Insurance to permit the coverage of cer tain children covered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.
SB 214. By Senator Edge of the 28th:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Anno tated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders; to suspend recall pro ceedings during court review; to provide for recall procedures following a rul ing of sufficiency; to provide for certain discretionary appeals.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 5. By Senators Thompson of the 33rd, Garner of the 30th, Robinson of the 16th 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; 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 agency reviews of existing and proposed programs of each state agency.
Referred to the Committee on Appropriations.

868

JOURNAL OF THE HOUSE,

SB 8. By Senators Garner of the 30th, Dawkins of the 45th, Walker of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of real prop erty through the State Properties Commission, so as to provide for the issu ance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state govern ment.
Referred to the Committee on State Institutions & Property.

SB 121. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defini tions; to provide for penalties.
Referred to the Committee on Special Judiciary.

SB 156. By Senator Pollard of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal matters; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 165. By Senators Gochenour of the 27th, Edge of the 28th and Glanton of the 34th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton miscon duct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.
Referred to the Committee on Judiciary.

SB 171. By Senators Farrow of the 54th, Edge of the 28th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relation ship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more per sons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contin gency has occurred.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 22, 1993

869

SB 200. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to enact the "Pollution Preven tion Assistance Act"; to provide for state policy with respect to priority for preventing pollution at the source; to define terms; to create the Office of Pollution Prevention Assistance and provide for an office director, personnel, operations, powers, and duties; to provide for comprehensive planning.
Referred to the Committee on Natural Resources & Environment.

SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Anno tated, relating to the contents of the model basic health insurance plan, so as to authorize the Commissioner of Insurance to permit the coverage of cer tain children covered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.
Referred to the Committee on Health & Ecology.

SB 214. By Senator Edge of the 28th:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Anno tated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders; to suspend recall pro ceedings during court review; to provide for recall procedures following a rul ing of sufficiency; to provide for certain discretionary appeals.
Referred to the Committee on Judiciary.

Representative Skipper of the 137th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd, Chandler of the 99th and Watson of the 139th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects.

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

YAshe Y Atkins
Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnes
Y Bates YBenefleld
Birdsong Y Bordeaux YBostick Y Breedlove Y Brooks.D YBrooks.T

Y Brown Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty
Y Carlisle E CarreU Y Carter
Cauthorn YChambless
Chandler Y Channell Y Childere

Y Clark Y Coker Y Coleman,B Y Coleman,T
Colwell Y Connell Y Cox Y Crawford
Y Crews Y Culbreth E Cummings Y Davis.G N Davis.M E Dickinson Y Dix
Diion.H

Y Dixon.S Dobbs
Y Dover N Ehrhart
Epps Y Evans Y Felton
Floyd,J.M
Floyd,J.W Godbee Y Golden Goodwin Y Greene Y Groover Y Hammond Y Manner

Y Harris,B Y Harris,M Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard Y Hudson Y Hughes Y Hugley Y James Jamieson Jenkins

870

JOURNAL OF THE HOUSE,

Y Johnson,D.H Johnson,E
Y Johnson.G Y Johnson.J Y Johnston Y Jones N Joyce
NKaye Y Kinnamon Y Klein YLadd
NLakly YLane,D YLane,R Y Lawrence YLawaon
YLee N Lewis
YLord Y Lucas

Y Maddox E Mann
Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver Y O'Neal YOrrock
Padgett YParham Y Parrish Y Patten

Y Pelote Perry
Y Pinholster YPoag YPolak Y Porter Y Poston Y PoweU Y Purcell
Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill YShipp

On the motion, the ayes were 130, nays 8. The motion prevailed.

Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith.P Y Smith,T Y Smith,V Y Smith,W
Smyre Snow Y Stancil,F Y Stancil,S Stanley.L Stanley,? Y Stephenson YStreat Taylor Y Teague

NTeper Y Thomas,C
Tillman Y Titus Y Towery YTrense
Turnquest Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts
N Westmorland White
YWilliams3 Y Williams.R YYates Y Yeargin
Murphy,Spkr

Representatives Bailey of the 93rd, Cauthorn of the 35th, Henson of the 65th and Jenkins of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 304. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th:
A resolution Commending Nancy Royal and inviting her to appear before the House of Representatives.

HR 306. By Representatives Davis of the 48th, Stanley of the 50th, McKinney of the 51st, Brooks of the 54th and White of the 161st:
A resolution commending Honorable Cynthia Ann McKinney and inviting her to appear before the House of Representatives February 22, 1993.

HR 327. By Representative Floyd of the 138th:
A resolution recognizing and commending Mr. Don Tucker, Ms. Sally Dunn, Mr. Reginald Barry, and Mr. Zack Wade and inviting them to appear and be recognized before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 333. By Representatives Twiggs of the 8th, Dover of the 9th and Colwell of the 7th:
A resolution commending Renva Smith Acree and inviting her to appear before the House of Representatives.

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

MONDAY, FEBRUARY 22, 1993

871

HB 228. By Representatives Walker of the 141st, Ray of the 128th, Floyd of the 138th, Jenkins of the 110th, Streat of the 167th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located shall have approval authority over the site and may assess fees for third-party monitoring.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to the control of water pollution, so as to provide definitions; to provide that a county in which a sludge land application site is located may assess certain fees; to provide for the approval of sludge land application systems by the director of the Envi ronmental Protection Division of the Department of Natural Resources; to provide for issuance of regulations governing sludge land application; to provide for penalties for viola tions; 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 5 of Title 12 of the Official Code of Georgia Anno tated, relating to control of water pollution, is amended by adding a new Code Section 12-5-30.3 to read as follows:
"12-5-30.3. (a) As used in this Code section, the term: (1) 'Sludge' means the solid or semisolid residue generated at a waste-water treat
ment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge treated to further reduce pathogens by such processes as composting, heat drying, or heat treating.
(2) 'Sludge land application' means the placement of sludge on or under the ground surface for the purpose of sludge disposal, soil conditioning, or agricultural enhancement. Such term specifically excludes the disposal of sludge in a permitted landfill. (b) No person shall operate a sludge land application system without first securing the approval of the director. The director may include this approval and approval requirements in a permit issued under Code Section 12-5-30. (c) The Board of Natural Resources shall adopt technical regulations governing sludge land application and procedural regulations for approval of sludge land applica tion systems, including public notice and public hearing requirements. (d) The local governing authority in which a sludge land application site is located may assess the generator of the sludge and the owner of the sludge land application site reasonable fees for environmental monitoring of the site and may hire persons to moni tor the site. Payment of the assessed fee shall be made prior to the application of sludge. Failure to pay such fees, if assessed, shall be grounds for the local governing authority to seek an injunction to stop the land application of sludge. The provisions of this sub section shall not apply to the land application of sludge which is generated by the treat ment of industrial process waste water only. (e) Any person who violates this Code section, regulations adopted by the Board of Natural Resources pursuant to this Code section, or any permit or approval require ments of the director issued pursuant to this Code section shall be subject to the civil penalties and the criminal penalties contained in Code Sections 12-5-52 and 12-5-53."
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.

872

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Bargeron YBarnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle ECarrell Y Carter Y Cauthom Y Chambless
Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman.B Coleman.T

Y Colwell Y Connell YCoi Y Crawford
Y Crews Y Culbreth E Cummings
Davis.G Y Davis,M E Dickinson YDii Y Dixon,H Y Dixon.S YDobbs Y Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd^J.W Godbee Y Golden YGoodwin
Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harri8,M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley N James
Jamieson Y Jenkins Y Johnson,D.H Y JohnsonJE Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddox E Mann
Martin Y McBee
Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter
P os ton Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley,L Y Stanley.P
Y Stephenson Y Streat E Taylor
YTeague YTeper Y Thomas.C
Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs YVaughan Y Walker YWall Y Watson Y Watts N Westmorland
White Y Williams.B Y Williams,R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Henson of the 65th, Jones of the 71st and Poston of the 3rd 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 Birdsong 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 "nay" thereon.
HB 651. By Representative Groover of the 125th:
A bill to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to authorize the authority to purchase or lease property; to authorize the authority to borrow money; to authorize the authority to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority.

By unanimous consent, further consideration of HB 651 was postponed until tomorrow morning, immediately following the period of unanimous consents.

MONDAY, FEBRUARY 22, 1993

873

HB 546. By Representatives Watts of the 26th, Murphy of the 18th, Dover of the 9th, Benefield of the 96th, Walker of the 141st and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Bargeron YBames Y Bates Y Benefield
YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T Y Brown
Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Canty Carlisle YCarrell
Y Carter Y Cauthom
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Y Connell YCoi Y Crawford Y Crews
Culbreth E Cummings Y Davis,G Y Davis,M E Dickinson
YDU Diion.H
Y Dixon,S YDobbs Y Dover YEhrhart
YEpps Y Evans Y Felton
Floyd,J.M Floyd^.W Godbee Y Golden YGoodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley.B Y MobleyJ Y Moore YMosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett
Par ham YParrish Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak
Porter YPoston Y Powell YPurcell
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skandalakis
Y Skipper

Y Smith,C Y Smith,L Y Smith,P Y Smith,T Y Smith,V
Smith,W YSmyre YSnow
Stancil.F Y Stancil,S Y Stanley,L
Stanley.P Y Stephenson Y Streat E Taylor
Teague YTeper
Y Thomas,C Tilhnan
Y Titus Y Towery
Y Trense Tumquest
YTwiggs YVaughan
Walker YWall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 191. By Representatives Pinholster of the 15th, Groover of the 125th, Stancil of the 16th, Lawrence of the 64th and Harris of the 17th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to require participa tion of confined individuals in adult education courses.

The following Committee substitute was read:

874

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses; to provide for conditions and requirements with respect to such participation; to provide for exemptions; to provide for participation during probation; 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 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
"(f) The satisfactory report of performance in the program from the department shall, in addition to the other requirements specified in this Code section, require partic ipation of the individual confined in the unit in such adult education courses necessary to attain the equivalency of a grade five competency level as established by the State Board of Education for elementary schools. Those individuals who are mentally handi capped as determined by initial testing are exempt from mandatory participation. After the individual is released from the unit, it shall be a special condition of probation that the individual participate in an education program in the community until grade five level competency is achieved or active probation supervision terminates. It shall be the duty of the department to certify to the trial court that such individual has satisfactorily completed this condition of probation while on active probation supervision. The receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Under certain circum stances, the probationer may be exempt from this requirement if it is determined by the probation officer that community education resources are inaccessible to the proba tioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pinholster of the 15th moves to amend the Committee substitute to HB 191 as follows:
On page 2, line 6, strike the word "will" and insert the word "may".

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 106, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 121. By Representative Colwell of the 7th:
A resolution authorizing the granting of a nonexclusive easement for opera tion, maintenance, repair, and replacement of a portion of a single-family res idence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 22, 1993

875

On the adoption of the Resolution, the ayes were 103, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 228. By Representatives Colwell of the 7th, Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County.

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.

HR 229. By Representatives Colwell of the 7th and Dover of the 9th:
A resolution authorizing the conveyance of certain state owned real property located in Habersham County.

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.

Representative Hammond of the 32nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 191.

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted 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 254 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HR 254. By Representatives Hart of the 116th, Howard of the 118th, Brown of the 117th, Padgett of the 119th, Stanley of the 49th and others:
A resolution commending the Augusta Alumnae Chapter of the Delta Sigma Theta Sorority and inviting the members to appear before the House of Rep resentatives on February 26, 1993.

876

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 254 as follows: Strike lines 1-5 on page 3 in their entirety and change caption accordingly.

The Resolution, as amended, was adopted.

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

HB 462. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 24. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license.

The following amendment was read and adopted:

Representatives Hammond of the 32nd and Parham of the 122nd move to amend HB 24 as follows:
"mayB"y. striking the word "shall" on page 3, line 16 and inserting in lieu thereof the word

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 232. By Representative Perry of the llth:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Anno tated, relating to deduction of costs from an inmate's account for destruction of property, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is innocent of all charges for which the inmate was being held.

MONDAY, FEBRUARY 22, 1993

877

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of property, medical treat ment, and other causes, so as to provide that all sums collected from an inmate for medi cal treatment shall be reimbursed to the inmate if such inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of property, medical treat ment, and other causes, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) All sums collected for medical treatment shall be reimbursed to the inmate if such inmate is et convicted acquitted or otherwise exonerated of all charges for which the inmate was being held."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 304. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the eligibility of certain registrars and deputy registrars for certain nomination or office.

The following Committee substitute was read and adopted:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain provisions regarding the conducting of certain special elec tions on specified dates shall apply to special primaries or special elections to fill vacancies in public office; to provide for interim appointments under certain circumstances; 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 (2) of subsection (c) of Code Section 21-2-540, relating to special elections, and inserting in its place new paragraphs (2) and (3) to read as fol lows:
"(2) The provisions of this subsection shall not apply tot <A)--Special special elections held pursuant to Chapter 4 of this title, the 'Recall
Act of 1989.'; er

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JOURNAL OF THE HOUSE,

{B)--Special primaries ef special elections te fiB vacancies in pdbKe offices. (3) The provisions of this subsection shall apply to special primaries or special elec tions to fill vacancies in public offices. Unless otherwise provided by law, when a vacancy occurs before the next date upon which a special election may be held under this subsection, the judge of the probate court of the county in which the vacancy occurs shall appoint a person to fulfill the duties of that office until it is filled for the remain ing unexpired term by a person elected at such special election. Such person so appointed shall not be listed as an incumbent upon such special election ballot."
Section 2. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-3-52, relating to special municipal elections, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) The provisions of this subsection shall not apply tot {A)--Special special elections held pursuant to Chapter 4 of this title, the 'Recall
Act of 1989.'; w {B)--Special primaries er special elections te f4H vacancies i pablie offices.
(3) The provisions of this subsection shall apply to special primaries or special elec tions to fill vacancies in public offices. Unless otherwise provided by law, when a vacancy occurs before the next date upon which a special election may be held under this subsection, the judge of the probate court of the county in which the vacancy occurs shall appoint a person to fulfill the duties of that office until it is filled for the remain ing unexpired term by a person elected at such special election. Such person so appointed shall not be listed as an incumbent upon such special election ballot."
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 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 544. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, so as to provide for certain notice of lien rights.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 543. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provisions relating to action or breached bond or security deposit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.

MONDAY, FEBRUARY 22, 1993

879

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

HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to con tracts for the construction of an improvement to property other than a pub lic work.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 585 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 151 Do Pass, by Substitute HB 376 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

880

JOURNAL OF THE HOUSE,

HB 49 Do Pass, by Substitute HB 110 Do Pass HB 140 Do Pass, by Substitute

HB 246 Do Pass, by Substitute HB 631 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 750 Do Pass HB 779 Do Pass HB 782 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 68 Do Pass, by Substitute HB 83 Do Pass, by Substitute

HB 225 Do Pass HB 728 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 23, 1993

881

Representative Hall, Atlanta, Georgia Tuesday, February 23, 1993

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 Richard E. Turner, Pastor, First United Method ist Church, Centerville, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, 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 Bilk and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 849. By Representative Patten of the 176th: A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state financing and investment, so as to change certain provisions pertaining to the purposes for and conditions under which state general obligation and guaranteed revenue debt may be issued, in order to provide for the issuance of such debt for the purpose of funding regional or multijurisdictional solid waste recycling or solid waste facilities or systems.
Referred to the Committee on Appropriations.

882

JOURNAL OF THE HOUSE,

HB 850. By Representative Turnquest of the 73rd:
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 change cer tain provisions relating to tests and similar instruments and the use of results thereof; to delete certain provisions relating to assessments by the State Board of Education, the funding thereof, and the use of results thereof; to transfer authority for assessments to the Professional Standards Commis sion.
Referred to the Committee on Education.

HB 851. By Representative Smith of the 109th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dures regarding state purchasing, so as to regulate certain acquisitions of manufactured or unmanufactured articles, materials, and supplies by any branch, department, agency, board, or commission of the state.
Referred to the Committee on State Institutions & Property.

HB 852. By Representatives Bannister of the 77th, Johnson of the 84th and Johnston of the 81st:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to regulation and construction of hospitals and other health care facilities, so as to provide that certain institutions and entities which operate or manage such institutions shall be subject to certain provisions of law relating to open meetings and the inspection of public records.
By unanimous consent, HB 852 was ordered engrossed.
Referred to the Committee on Judiciary.

HB 853. By Representative Godbee of the 145th:
A bill to amend an Act providing a new charter for the City of Millen, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 855. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 856. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 23, 1993

883

HB 857. By Representatives Howard of the 118th, McKinney of the 51st, Heard of the 89th and Padgett of the 119th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institu tions, so as to provide that emergency room treatment for persons experienc ing life-threatening conditions shall not be delayed by hospital procedures or regulations requiring certain patient information.
Referred to the Committee on Health & Ecology.

HB 858. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act entitled an Act to create the board of education of the Liberty County School District, so as to provide for new education dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 859. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 862. By Representatives Holmes of the 53rd and Dixon of the 168th:
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 provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee.
Referred to the Committee on State Planning & Community Affairs.

HB 863. By Representatives Mueller of the 152nd, Johnson of the 148th, Davis of the 60th, Johnson of the 97th, Bunn of the 74th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the person, so as to establish the offenses of stalking and aggravated stalking.
Referred to the Committee on Judiciary.

HB 864. By Representative Culbreth of the 132nd:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance contracts and refunding of premiums.
Referred to the Committee on Insurance.

HB 865. By Representative Byrd of the 170th:
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 handicapped per sons, so as to provide for access and use of such public facilities by persons with disabilities.
Referred to the Committee on Industry.

884

JOURNAL OF THE HOUSE,

HB 866. By Representative Powell of the 23rd:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives.
Referred to the Committee on Industry.

HB 867. By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and provide for their election and defining the duties of said commis sioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 868. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to amend an Act creating and incorporating Peachtree City, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 869. By Representative Mosley of the 171st:
A bill to amend an Act placing the sheriff of Long County on an annual sal ary in lieu of the fee system of compensation, so as to change the provisions relating to the deputy sheriffs of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 870. By Representative Johnson of the 153rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confine ment, so as to provide that a person in lawful custody of any penal institu tion of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such institution with the intent to cause serious bodily injury commits the offense of mutiny.
Referred to the Committee on Judiciary.

HB 871. By Representatives Hembree of the 98th and Chandler of the 99th:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 882. By Representative Parrish of the 144th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of such council.
Referred to the Committee on Public Safety.

TUESDAY, FEBRUARY 23, 1993

885

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

HB 829 HB 830 HB 831 HB 832 HB 833 HB 835 HTTBD 803076 rHlJBD O8O38/
HHBB 883490 HB 842 HB 843 HB 844 HB 845 HB 846 HB 847 HB 848

HB 854
HB 860 HB 861 HR 309 HR 310
HR 311 tutKp 3qqiL ITM JD 3Q3QO^

SB

I8

SB m

SB 156

SB 165

SB 171

SB 200

SB 210

SB 214

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 695 Do Pass HB 553 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 787 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 169th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

886

JOURNAL OF THE HOUSE,

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 225 Do Pass, as Amended HR 226 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 317 Do Pass HB 610 Do Pass

HB 793 Do Pass HB 825 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 23, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:
HB 22 Driver's license revocation; hearing request; time limit HB 62 Ad valorem tax; education; boards of arbitrators HB 107 Law enf officers; transportation of arrested person; jurisdiction HB 470 Sumter County; state court; change date of term HB 515 Principal and agent; revise provisions to create agency HB 566 Erosion and Sedimentation Act; land-disturbing activities HB 606 Elections; nomination/qualifying petitions; amend provisions HB 660 Highways; length of vehicle loads; unprocessed forest products
HR 120 Licensing bds; health/human serv; gerontology or geriatric education
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 317. By Representative Chandler of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to the membership of the authority.

TUESDAY, FEBRUARY 23, 1993

887

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 610. By Representative Holmes of the 53rd:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be con sidered in determining whether a bidder is responsible in each county of this state having a population of 550,000.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 793. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the districts from which commissioners 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 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 825. By Representatives Baker of the 70th, Sherrill of the 62nd, Teper of the 61st, Turnquest of the 73rd, Henson of the 65th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines not to exceed the sum of $1,000.00 for any single offense.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 509. By Representatives Carrell of the 87th and Stancil of the 91st:
A bill to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

888

JOURNAL OF THE HOUSE,

HB 691. By Representative Jenkins of the 110th:
A bill to reconstitute the Board of Education of Jasper County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
HB 730. By Representative Parrish of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Emanuel County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
HB 731. By Representative Parrish of the 144th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to the selection and terms of the members of the authority.
SB 83. By Senator Walker of the 22nd:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to provide that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member.
SB 122. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Anno tated, relating to juvenile law enforcement records and the maintenance and inspection thereof, so as to authorize the court, upon the request of a school superintendent, to allow authorized representatives of a county or indepen dent school system to inspect and disseminate law enforcement records con cerning juveniles to school administrators, counselors, principals, and teachers.
SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to provide for requirements for home inspectors; to provide for definitions; to provide for requirements rela tive to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.
SB 172. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to year's support, so as to define the term "child" or "chil dren" for purposes of year's support.
SB 173. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Anno tated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property or that guardianship be waived by the probate court.

TUESDAY, FEBRUARY 23, 1993

889

SB 192. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Building Authority, so as to define a certain term; to provide that such authority and all other state departments and agencies and authorities shall purchase building materials and fixtures based on life cycle costs.
SB 227. By Senators Farrow of the 54th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled "Brokerage Rela tionships in Real Estate Transactions"; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate brokers; to provide for duration of brokerage engagements.
SB 232. By Senators Parrish of the 43rd, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge ini tially appointed.
SB 234. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Abuse Fatality Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compen sation, powers, duties, and operations of the panel; to provide for administra tive attachment of the panel to the Criminal Justice Coordinating Council.
SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions with respect to the operation of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide.
SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans.
SB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Anno tated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail.

890

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
SR 25. By Senator Hemmer of the 49th: A resolution honoring the late Francis Marion "Frank" Hendley, II.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 83. By Senator Walker of the 22nd: A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to provide that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member.
Referred to the Committee on Retirement.

SB 122. By Senators Clay of the 37th, Newbill of the 56th and Egan of the 40th:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Anno tated, relating to juvenile law enforcement records and the maintenance and inspection thereof, so as to authorize the court, upon the request of a school superintendent, to allow authorized representatives of a county or indepen dent school system to inspect and disseminate law enforcement records con cerning juveniles to school administrators, counselors, principals, and teachers.
Referred to the Committee on Judiciary.

SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to provide for requirements for home inspectors; to provide for definitions; to provide for requirements rela tive to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.
Referred to the Committee on Insurance.

SB 172. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to year's support, so as to define the term "child" or "chil dren" for purposes of year's support.
Referred to the Committee on Judiciary.

SB 173. By Senators Farrow of the 54th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Anno tated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property or that guardianship be waived by the probate court.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 23, 1993

891

SB 192. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Building Authority, so as to define a certain term; to provide that such authority and all other state departments and agencies and authorities shall purchase building materials and fixtures based on life cycle costs.
Referred to the Committee on Industry.

SB 227. By Senators Farrow of the 54th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled "Brokerage Rela tionships in Real Estate Transactions"; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate brokers; to provide for duration of brokerage engagements.
Referred to the Committee on Industry.

SB 232. By Senators Parrish of the 43rd, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge ini tially appointed.
Referred to the Committee on Judiciary.

SB 234. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Abuse Fatality Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compen sation, powers, duties, and operations of the panel; to provide for administra tive attachment of the panel to the Criminal Justice Coordinating Council.
Referred to the Committee on Public Safety.

SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions with respect to the operation of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide.
Referred to the Committee on Transportation.

892

JOURNAL OF THE HOUSE,

SB 242. By Senators Harbison of the 15th, Crotts of the 17th, Hill of the 4th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans.
Referred to the Committee on Defense & Veterans Affairs.

SB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Anno tated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail.
Referred to the Committee on Judiciary.

SR 25. By Senator Hemmer of the 49th: A resolution honoring the late Francis Marion "Frank" Hendley, II.
Referred to the Committee on Rules.

By unanimous consent, HB 651, which was previously postponed until today, was postponed until tomorrow.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 22. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-59 of the Official Code of Georgia Anno tated, relating to reexamination of drivers believed to be incompetent or unqualified, so as to change the time within which certain drivers may request a hearing concerning a revocation of their licenses.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 22 as follows: Page 1 - Line 17 to read as follows: The person may request such hearing within 15 working days of Page 1 - Line 20 to read as follows: no hearing is requested within the 15 working days following.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Bailey

Y Baker
Y Bannister Y Barfoot

Y Bargeron
Y Barnes Y Bates

Y Benefield
Y Birdsong Y Bordeaux

Y Bostick
Y Breedlove Y Brooks,D

TUESDAY, FEBRUARY 23, 1993

893

Y Brooks.T Brown
YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carlisle
Y Carrell
Y Carter Y Cauthorn Y Chambless
Y Chandler Channell
Y Childera Y Clark Y Coker Y Coleraan.B
Coleman.T ColweU Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M Dickinson YDix Diion.H

Y Dixon.S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W
YGodbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond YHanner
Y Harris.B YHarris,M YHart Y Heard Y Hegstrom
Y Hembree Henaon
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson,D.H

Y Johnson,E Y Johnson,G Y Johnson.J Y Johnston
Jones Y Joyce YKaye
Y Kinnamon Y Klein
YLadd YLakly YLane,D YLane,R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin YMcBee
McClinton McKinney,B YMilam Y Mills Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver

O'Neal YOrrock
Y Padgett YParham
Parrish Y Patten E Pelote Y Perry
Y Pinholster YPoag YPolak
Porter YPoston Y Powell YPurcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal YScoggins Y Shanahan Y Sherrill YShipp Y Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P

Smith.T Y Smith,V Y Smith,W
Smyre YSnow
Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague YTeper Y Thomas,C YTillman
Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland White Y Williams,B Y Williams,R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Bailey of the 93rd 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 660. By Representative Floyd of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that loads of unprocessed forest products may be a maxi mum total length of 60 feet.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, so as to provide that loads of unprocessed forest products may be a maximum total length of 60 feet; to provide for the manner of measurement of such length; to provide that truck tractor length shall not be a factor in calculating allowable load length; to provide for warning flags; to provide for lights; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, is amended by striking par agraph (2) of subsection (b) of Code Section 32-6-24, relating to vehicle and load length limits, in its entirety and inserting in lieu thereof the following:

894

JOURNAL OF THE HOUSE,

"(2) (A) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet, b) addition te the single trip permits se required m
tor VClllClCS CXCCCQIR^ 'rtS ICC* U) ICH^lft^ All &RRU&1 pCPUlll lOiT
the weeds te the processing plant er transporting petes (or utility companies wfcen seh petes cannot be readily dismantled ef separated.
(B) Loads of unprocessed forest products, including but not limited to poles, logs. and pilings, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The rear extremity of each load shall be marked with warning flags which meet the require ments set forth in Code Section 40-8-27. Additionally, loads moved at night must be equipped with a red marker light at the rear extremity of such load as provided in Code Section 40-8-27."
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:

YAshe
Y Atkins Bailey
Y Baker Y Bannister
Y Barfoot Y Baigeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck
Buckner Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis.M E Dickinson YD Y Dixon.H Y Dixon.S YDobbs Y Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden YGoodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson,D.H
Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
Lee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin Y McBee
McClinton McKinney,B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
O'Neal YOrrock
Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith,W
Smyre Snow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Teague NTeper Y Thomas,C YTiUman Y Titus YTowery YTrense Y Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, FEBRUARY 23, 1993

895

Representatives Bailey of the 93rd and Buckner 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.

HB 566. By Representatives Breedlove of the 85th, Smith of the 102nd and Crawford of the 129th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to provide that any person conducting land-disturbing activities who has been issued a per mit and has not been found to be in violation of the provisions of such chap ter and all applicable regulations or ordinances promulgated thereunder shall be presumed to be in compliance with such Act, regulations, and ordinances.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Ero sion and Sedimentation Act of 1975," so as to provide that any person conducting landdisturbing activities who has been issued a permit and has complied with all requirements of such permit and all applicable regulations or ordinances promulgated thereunder shall be presumed to be in compliance with such Act, regulations, and ordinances in the event such activity results in injury to the property of another; to provide that such presumption shall be rebuttable; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Ero sion and Sedimentation Act of 1975," is amended by inserting at the end thereof the fol lowing:
"12-7-19. Any person engaged in any land-disturbing activity who has been issued a permit and has complied with all requirements of such permit and any regulations or ordinances promulgated pursuant to this chapter shall, in the event such activity results in injury to the property of another, be presumed to have been in compliance with the provisions of this chapter and such regulations or ordinances at the time such injury occurred; provided, however, that such presumption shall be rebuttable by competent evidence."
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:

YAshe Y Atkins
Bailey Baker Y Bannister Barfoot Y Bargeron NBarnes N Bates Y Benefield
Y Birdsong N Bordeaux Y Bostick Y Breedlove

YBrooks,D N Brooks.T
Brown Y Buck Y Buckner
Bunn Y Burkhalter N Byrd Y Campbell
Canty
N Carlisle Y Carrell Y Carter N Cauthorn

Y Chambless Y Chandler
Channel! Y Childera Y Clark Y Coker Y Coleman.B Y Coleman.T
Colwell Y Connell
N Cox Y Crawford Y Crews Y Culbreth

Y Cummings Davis.G
N Davis.M E Dickinson Y Dii
Diion.H Y Don,S
Dobbs Y Dover Y Ehrhart
Y Epps Y Evans Y Felton Y Floyd,J.M

Y Floyd,J.W Y Godbee N Golden Y Goodwin Y Greene
Groover N Hammond
Manner Y Harris,B Y Harris,M
N Hart Y Heard N Hegstrom Y Hembree

896

JOURNAL OF THE HOUSE,

Henson N Holland Y Holmes Y Howard
Y Hudson N Hughes Y Hugley Y James Y Jamieson N Jenkins
Johnson,D.H Y Johnson,E N Johnson,G Y Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly

Y Lane,D Y Lane.R Y Lawrence N Lawson YLee Y Lewis NLord Y Lucas Y Maddo* E Mann Y Martin Y McBee
McClinton McKinney.B YMilam N Mills N Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller Y Oliver

O'Neal Orrock Y Padgett Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster NPoag NPoIak Porter Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Royal

Y Scoggins Y Shanahan N Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper N Smith,C Y Smith,L Y Smith,P
Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? N Stephenson Y Streat

Y Taylor Teague
NTeper Y Thomas.C
Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 116, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Bailey of the 93rd and Poston of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 225. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending the 1992 Clarke Central High School football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 225 by striking entirely page 2 line 5 thru line 9 and change caption accordingly.

The Resolution, as amended, was adopted.

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

HR 226. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending and recognizing Coach Billy Henderson of Clarke Central High School and inviting him to appear and be recognized before the House of Representatives.

The following amendment was read and adopted:

TUESDAY, FEBRUARY 23, 1993

897

The Committee on Rules moves to amend HR 226 page 2, line 5, put period after school and strike balance language entirely thru line 7 and change caption accordingly.

The Resolution, as amended, was adopted.

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 84 Do Pass, by Substitute HB 753 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 606. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd, Kinnamon of the 4th and Hembree of the 98th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Elections Code," so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.

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 Ashe Y Atkins Y Bailey Y Baker N Bannister N Barfoot
Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner
Bunn N Burkhalter YByrd Y Campbell Y Canty N Carlisle Y Carrell

Carter Y Cauthorn Y Chambless
Chandler Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell Y Connell Cox N Crawford N Crews Y Culbreth N Cummings Y Davis,G Y Davia,M E Dickinson NDii Y Dixon.H Dixon.S
Dobbs Y Dover N Ehrhart

Y Epps N Evans
N Felton Floyd,J.M
N Floyd,J.W
N Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond Y Manner Y Harris.B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard N Hudson N Hughes Y Hugley Y James

Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E N Johnson.G Y Johnson^! Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd NLakly
Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
NLord Y Lucas N Maddox E Mann Y Martin YMcBee

McClinton McKinney,B YMilam N Mills Y Mobley.B Mobley.J N Moore Y Mosley N Mueller Y Oliver O'Neal Orrock Y Padgett YParham Y Parrish N Patten E Pelote Perry Y Pinholster
YPoag Y Polak
Porter Poston N Powell Y Purcell YRandall

898

JOURNAL OF THE HOUSE,

Y Randolph YRay Y Reaves
Reichert Y Roberts
Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield
N Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith.V Y Smith,W

YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague

YTeper Thomas.C
Y Tillman N Titus N Towery Y Trense Y Turnquest
Twiggs
N Vaughan Y Walker

YWall Y Watson Y Watts N Westmorland
White Y Williams,B Y Williams.R NYates N Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 117, nays 31. The Bill, having received the requisite constitutional majority, was passed.

Representatives Chandler of the 99th, Perry of the llth, Poston of the 3rd and Thomas of the 100th 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 adopted:

HR 334. By Representatives Vaughan of the 34th, Atkins of the 29th, Coker of the 31st, Clark of the 40th, Shipp of the 38th and others:
A resolution commending the Cobb Countywide Citizens Advisory Council.

HR 335. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution honoring Mrs. Frances Miller Mathis.

HR 336. By Representatives Godbee of the 145th and Lane of the 146th: A resolution expressing sympathy at the passing of Fielding Russell.

HR 337. By Representatives Colwell of the 7th, Dover of the 9th, Twiggs of the 8th and Murphy of the 18th:
A resolution commending Honorable Jack N. Gunter.

HR 338. By Representatives Lawson of the 20th, Mills of the 21st and Hughes of the 19th:
A resolution honoring Mr. James E. Mathis, Sr.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

The following report of the Committee of Conference was read:

TUESDAY, FEBRUARY 23, 1993

899

COMMITTEE OF CONFERENCE REPORT ON HB 121

The Committee of Conference on HB 121 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 121 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harrill L. Dawkins Senator, 45th District

/s/ Terry L. Coleman Representative, 118th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 115th District

/s/ Wayne Garner Senator, 30th District

/s/ Thomas B. Buck Representative, 95th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; 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. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the "General Appropriations Act" approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $8,099,000,000 (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.....................................................................................!

22,674,129 11,358,969 3,631,045 2,485,225
88,600 7,000
0 298,500 493,000
5,000 675,000 233,174
2,200,816 65,000

900

JOURNAL OF THE HOUSE,

Expense Reimbursement Account ................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted ....................................................................$

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

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

$

8,810,991

$

468,810

$

1.281,037

$

10,560,838

$

468,810

$

1,281.037

$

10,560,838

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office
Legislative Budget Office Ancillary Activities Total

$

2,267,317

$

2,088,938

$

902,812

$

1.221.281

$

6,480,348

$

2,267,317

$

2,088,938

$

902,812

$

1,221.281

$

6,480,348

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

TUESDAY, FEBRUARY 23, 1993

901

to the Legislative Branch of Government. The Committee is hereby authorized to promul gate rules and regulations relative to the expenditure of funds appropriated to the Legisla tive Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

14.920,434 12,636,218
386,144 521,650 108,000
9,550 802,995 39,000 311,177 105,700 14,920,434 14,920,434

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................?
Personal Services.............................................................................? Operating Expenses........................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

4.893.172 4,200,877 1.377,295 5,578,172 4,893,172

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................?
Personal Services.............................................................................? Operating Expenses........................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

5.593.669 4,944,669
699,000 5,643,669 5,593,669

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....................................................................?

45,649,233 43,726,048
1,791,715 153,600 114,499
1,464,647 7,800
47,258,309 45,649,233

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................?

847.005

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................?
Institute's Operations.....................................................................? Georgia Magistrate Courts

634,322 498,322

902

JOURNAL OF THE HOUSE,

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.........................................? 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....................................................................?

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 2,319,058 2,061,454
33,098,287 47,085,583 12,345,554
258,340 74,480 1,519,947 10,398,262 3,724,137 2,819,765 402,825 10,751,716 38,550 2,750,000
0
0 45,094,697
383,880 16,500,000
0 35,825 154,183,561 33,098,287

TUESDAY, FEBRUARY 23, 1993

903

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems
Administration Space Management
Administration Procurement Administration General Services
Administration Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services State Properties Commission Total

1,685,974 2,715,708
10,165,277
485,167 2,837,754
483,246 16,894,076 46,501,373 3,554,856 57,013,807 6,585,403 1,606,287 1,156,055 2,078,226
420,352 154,183,561

527,183

$

2,682,794

7,415,277

485,167 2,837,754

B. Budget Unit: Georgia Building Authority ....................................$ Personal Services. ............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ..................................................,............$ Equipment. .......................................................................................$ Computer Charges.. .........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Contractual Expense .....................................................................$ Fuel....................................................................................................! Facilities Renovations and Repairs ..............................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 18,778,739 5,509,356
0 215,000 176,335 60,800
16,800 122,584 171,000
0 7,466,638
263,100 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

1,624,398

$

4,788,256

3,930,348

5,197,690

394,619

4,960,896

10,244,673

1,639,472

0

32,780,352

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of

904

JOURNAL OF THE HOUSE,

Hazardous Materials ..............................................$ Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travcl................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment..................... ...................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

99,834 81,334 10,300 7,800
0 0 0 0 400 0 0 0 99,834 99,834

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton
Veterinary Laboratories.............................................................? Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, 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....................................................................?

32.061,169 28,652,322 3,876,578
815,170 379,616 273,063 308,700 778,070 318,274 163,072 860,000
2,386,487
1,759,941 403,760 112,700 175,000
622,817
362,600 0
39,200 0
42,287,370 32,061,169

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

4,776,629 6,595,082
1,828,226 3,127,022 3,147,683
2,022,724 3,029,092

4,390,629 6,339,082
1,779,226 3,002,022 2,748,054 2,022,724 2,886,512

TUESDAY, FEBRUARY 23, 1993

Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

6,562,699 4,070,110 4,458,629
505,651 2,163.823 42,287,370

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.............,...................................................................,......$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Personal Services.............................................................................! Regular Operating Expenses......................,..................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 15. Department of Children and Youth Services.
Budget Unit: Department of Children and Youth Services.........................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications........,..............................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Institutional Repairs and Maintenance.......................................! Grants to County-Owned Detention Centers .............................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

905
4,499,390 1,717,904
837,803 0
1.837.823 32,061,169
0 818,030 169,800
5,864 0
10,755 500 0
7,708 48,081 147,160 95,000 1,302,898
0
7,245,076 6,005,914
288,747 318,019 88,792 17,138 245,830 225,000 51,136
4,500 7,245,076 7,245,076
78,197,283 57,924,378 4,251,258
704,472 146,860 333,177 160,324 1,029,100 673,005 1,632,048 1,960,860 341,002 2,265,400 8,391,202 182,311 79,995,397 78,197,283

906

JOURNAL OF THE HOUSE,

Children and Youth Services Functional Budgets

Total Funds

State Funds

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

19,545,531 10,078,577 7,791,747 4,337,649 4,658,475 14,174,787 2,969,773
878,889 759,032 9,175,255
825,990
454,235
4,345.457 79,995,397

18,816,119 9,681,185 7,467,229 4,185,336 4,463,996 14,174,787 2,969,773
878,889
759,032 9,175,255
825,990
454,235
4.345,457 78,197,283

Section 16. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ 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
Facilities Authority for Operations ..........................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

14,136,952 5,355,918
220,527 135,980
0 881 208,833 516,379 42,580 96,564 68,600
2,217,561 902,800
97,803
30,000,000 107,800 0 890,000
4,625,000
1,232,474 46,719,700 14,136,952

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Government Management

11,065,587 1,377,483

9,744,587 1,360,483

TUESDAY, FEBRUARY 23, 1993

907

Financial Assistance Coordinated Planning Total

$

31,943,855

$

2,332,775

$

46,719,700

$

967,355

$

2,064,527

$

14,136,952

Section 17. 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 ....................................................$ State Funds Budgeted....................................................................!

494,382.121 358,044,602 49,287,841
2,265,442 2,903,000 3,842,407 4,578,356 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 1.580.200 506,885,836
450,000 0
494,382,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

53,560,712

$ 358,345,140

$

94,979,984

$ 506,885,836

53,058,712 357,127,140 84,196,269 494,382,121

B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Personal Services......................................................,......................$ Regular Operating Expenses ..............................................,..........$ Travel ................................................................................................$ Motor Vehicle Purchases ....................................................,..........$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications...........,...........................................................! Per Diem, Fees and Contracts......................................................!

35.371,233 28,841,882 1,206,200
636,315 40,500 129,000 456,836
2,403,000
785,000 267,500

908

JOURNAL OF THE HOUSE,

County Jail Subsidy.............
Health Services Purchases., Total Funds Budgeted......... State Funds Budgeted.........

600,000 5.000
35,371,233 35,371,233

Section 18. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,752.403 6,691,642 4,169,788
22,460 0
33,300 3,700 4,740 68,500 566.400 11,560,530 3,752,403

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard
Georgia Army National Guard Total

I,133,806 4,523,265 5,903,459 II,560,530

1,022,698 511,711
2.217,994
3,752,403

Section 19. State Board of Education -
Department of Education. Budget Unit: Department of Education ............................................$
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....................................................!

3,073,909,691 37,756,260 3,982,877 1,210,209 0 439,897 5,302,383 2,403,082 1,440,290 13,289,749 755,136 53,600
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 84,028,051 578,797,768 124,547,423 (594,153,230) 63,259,024

TUESDAY, FEBRUARY 23, 1993
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 Low-Income Families..................................................................?
Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the
Handicapped................................................................................? Tuition for the Multi-Handicapped.............................................? Severely Emotionally Disturbed ...................................................$ School Lunch (Federal)..................................................................? School Lunch (State)......................................................................? Supervision and Assessment
of Students and Beginning Teachers and Performance-Based Certification..................................................................................? Regional Education Service Agencies..........................................? Georgia Learning Resources System............................................? High School Program.....................................................................? Special Education in State Institutions.........................................................................? Governor's Scholarships.................................................................? Advanced Placement Exams.........................................................? Job Training Partnership Act.......................................................? Vocational Research and Curriculum.............................,............? Even Start...........................................................................,............? 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 ..................................................................? Education of Homeless Children/Youth............................................................................? Innovative Programs...................,...................................................? Technology Grants..........................................................................? Limited English-Speaking Students Program.......................................................................?
Drug Free School (Federal)...........................................................? Transition Program for Refugees.................................................?
Emergency Immigrant Education Program.....................................................................?

909
49,019,607 (36,920,019)
3,526,262
153,074,397 3,421,565 20,074,950 41,642,563 49,234,404
406,000
200,863,393 4,600,914
23,177,937 2,371,899 35,493,693 113,396,789 22,861,763
1,500,000 6,820,033 3,124,736 21,605,317
3,965,103 2,378,647
650,000 3,084,680
258,213 1,779,075
10,242,708 4,441,538
874,209 3,764,432
16,787,825
10,500,934
16,188,891
81,000 2,350,000
525,000
5,921,681 11,504,934
100,000
156,657

910

JOURNAL OP THE HOUSE,

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 .............................................................................$ Serve America..................................................................................$ Pre-Kindergarten Program............................................................$ Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................$

4,353,819
253,000
67,167,892 11,525,312
750,000 370,103 2,593,489
0 3,517,847,937
340,000 3,073,909,691

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

5,109,930 19,567,448 1,164,392 18,016,039 6,111,660
825,869 3,451,214,454
4,805,938 6,655,903
4,376,304 3,517,847,937

?

4,467,589

$

13,911,368

$

1,027,999

$

12,813,117

$

2,401,299

825,869 3,023,635,705

4,577,545 6,414,720

3,834,480 3,073,909,691

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted ....................................................................$

250,000 1,536,309
225,800 13,500 0 13,015
438,573 242,000 23,812 1,139,380
0 3,632,389
250,000

Section 21. Forestry Commission. Budget Unit: Forestry Commission ....................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges.......................................................................,...? Real Estate Rentals........................................................................? Telecommunications.......................................................................?

31.930.436 26,965,436 5,329,085
155,845 964,884 1,650,000 144,250 46,740 1,007,600

TUESDAY, FEBRUARY 23, 1993

911

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....................................................................?

617,925 24,500
4,900
60,000 184,705 37,155,870 31,930,436

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,732,084

?

31,436,473

$

3.987,313

$

37,155,870

?

11,265

$

28,571,868

?

3,347,303

$

31,930,436

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................? Regular Operating Expenses ............................................,............$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Evidence Purchased........................................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? Total State Funds Budgeted.........................................................?

36,198.566 28,057,897 2,695,667
472,761 789,008 771,010 1,393,092 1,967,522 769,317 1,036,456 390,711 451.000 38,794,441 36,198,566

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

?

3,356,564

?

9,060,867

?

11,308,271

?

6,797,812

?

8,270,927

?

38,794,441

?

3,356,564

?

8,050,962

?

10,743,181

?

6,371,490

?

7,676,369

?

36,198,566

Section 23. 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..........................................................................?

24,969,087 12,442,847
907,086 242,531
0 63,139 647,937 970,338 325,138 41,937,128 2,865,310

912

JOURNAL OF THE HOUSE,

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....................................................................$

40,000 3,704,000
152,280 2,627,357
232,211 42,800
0 95,000 1,363,725
728,540
100,000 503,500 1,044,200
0 40,000
0 71,075,067 24,969,087

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Commission on Equal
Opportunity 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 Office of State Olympic
Coordination Total

6,761,590
844,724
5,574,680 3,510,188 2,208,907 29,914,244
243,297
523,605
11,930,191
1,775,402 206,567
411,445
3,371,360
3,498,867
300.000 71,075,067

$

6,761,590

734,724

5,574,680 2,974,510 2,208,907
295,902

91,147

523,605

343,412

495,402 206,567

0

3,371,360

1,087,281

300,000 24,969,087

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations..
, General Administration and Support Budget: Personal Services................................................. Regular Operating Expenses............................. Travel.................................................................... Motor Vehicle Purchases ...................................

552,585,314
42,420,443 1,889,111 1,160,886 863,000

TUESDAY, FEBRUARY 23, 1993

913

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....................................................................!

96,052 4,484,397
697,789 877,000 645,969 307,485 19,153,867 30,196,885 59,455 939,821 13,213,121 117,005,281 412,600 70,918,201

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

!

737,000

$

Budget Administration

$

1,979,593

$

Office of Children

and Youth

$

19,153,867

$

Administrative Support

Services

!

16,034,637

!

Facilities Management

!

5,046,140

$

Administrative Appeals

$

1,587,761

$

Regulatory Services -

Program Direction

and Support

!

584,783

$

Child Care Licensing

!

2,709,605

$

Health Care Facilities

Regulation

!

6,210,964

$

Fraud and Abuse

!

5,823,352

$

Financial Services

!

5,279,758

$

Auditing Services

$

1,747,275

!

Personnel Administration

!

1,736,257

!

Indirect Cost

$

0

!

Public Affairs

$

398,942

$

Aging Services

!

46,520,589

$

State Health Planning

Agency

!

1,454.758

!

Total

! 117,005,281

$

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............................................!

737,000 1,979,593
18,631,822
15,068,537 3,499,255 1,587,761
574,783 2,709,605
1,849,067 792,241
5,079,758 1,747,275 1,736,257 (7,766,215)
398,942 20,897,762
1,394,758 70,918,201
46,781,952 69,848,568
890,347 40,000 95,566 1,088,038 4,040,921 689,083 697,336 7,739,825 308,000 2,928,130
950,000

914

JOURNAL OF THE HOUSE,

Family Planning Benefits ........................ Crippled Children's Clinics....................... Special Purpose Contracts........................ Purchase of Service Contracts................. Grant-In-Aid to Counties.......................... Institutional Repairs and Maintenance.
Grants for Regional Maternal and Infant Care ............................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

..$

515,602

..$

640,000

..$

654,009

..$

10,995,141

..$

74,210,729

..$

29,700

..$

133,686

..$

747,761

..$

224,024,394

..$

549,718

..$

113,349,449

Public Health Functional Budgets

Total Funds

State 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 Maternal and Child
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 Drug and Clinic Supplies

10,998,587 1,014,010 1,354,336
1,921,067
3,542,136
5,363,033
3,639,862 6,974,039 71,297,675 49,011,370 12,616,713 2,942,492 1,641,238
639,048 794,646
2,454,914
987,912 1,329,405 2,511,353 1,031,530
498,922 3,958,331
809,745 322,420 1,624,636 1,758,251 720,797 922,953 5,296,984 3,108,063 339,338 6,778,097 9,954,417 2,823,605

10,868,912 738,855
1,144,161
1,391,067
3,147,407
5,251,033
296,020 3,869,875
0 46,346,054 7,616,713
1,885,944 1,269,250
473,560 0
1,987,934
663,163 506,479 1,601,605 1,031,530 498,922 3,828,701 612,520 322,420 1,491,035 1,539,222 497,979 749,036 5,176,984 1,228,650 250,701 3,300,102 696,591 1,865,229

TUESDAY, FEBRUARY 23, 1993

915

Adolescent Health

$

2,870,878

Public Health

Planning Councils

$

171,591

Public Health

Division Indirect Cost

$

0

Total

$ 224,024,394

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....................................................................!

1,816,778
155,071
(770,054) 113,349,449
62,837,150 10,416,531
800,674 45,100 331,676 3,551,681 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 8,266,975 139,000 892,620 510,068 113,895,136 100,000 20,091,102

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services

37,894,528

Independent Living

596,298

Bobby Dodd Workshop

457,965

Sheltered Employment

1,604,916

Community Facilities

7,023,653

State Rehabilitation

Facilities

6,712,772

Diversified Industries

of Georgia

756,765

Program Direction

and Support

3,180,222

Grants Management

602,613

Disability Adjudication

23,841,138

Georgia Factory for

the Blind

11,613,444

Roosevelt Warm Springs

Institute

!

19,610.822

Total

! 113,895,136

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...........................................................................!

8,057,978 389,540 131,761 778,829
2,911,328
1,299,599
0
1,201,178 602,613 0
765,429
3.952,847 20,091,102
37,632,181 3,369,889
651,453 0
227,655 1,856,861 9,464,103 21,938,065

916

JOURNAL OF THE HOUSE,

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 Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery 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 Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

$

363,168

$

3,065,140

$

5,588,224

$

3,650,549

$

11,091,750

$

1,207,894

$

1,665,126

$

23,008,256

$

39,269,890

$ 445,719,849

$

100

$

2,799,421

$

8,665,581

98,713,966

73,828,638 2,769,480

7,199,934

47,958,249

6,196,131 13,988,947 1,730,874
32,235,990 5,586,136 2,074,927
6,453,207 56,107,157
144,817
1,085,349

1,252,015 0
903,420,765

Budget Unit Object Classes: Personal Services.....................
Regular Operating Expenses. Travel........................................

2,118,333 1,126,134 456,330,951 3,703,926 113,369,868 14,591,953 3,142,475 233,896.918 903,420,765 2,565,582 348,226,562
State Funds
363,168 3,065,140 4,493,755 3,650,549
941,219 1,207,894 1,497,727 9,862,797 3,406,848 169,362,394
100 0 0
49,298,280
25,322,660 0
1,769,007
21,480,589
2,353,667 5,457,000 1,275,316 21,891,254
4,437,334
1,969,337 4,530,793 16,165,359
144,817 1,061,747
1,252,015 (8.034.204) 348,226,562
189,671,726 85,524,099 3,503,360

TUESDAY, FEBRUARY 23, 1993
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 ..............................................................$ CaseServices....................................................................................$ E.S.R.P. Case Services....................................................................$ Crippled Children's Clinics............................................................$ Children's Trust Fund....................................................................$ CashBenefits...................................................................................$ Special Purpose Contracts .............................................................$ Service Benefits forChildren..................................................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs andMaintenance.........................................................................$ 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 and Institutions...............................................................! 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.........................................................................! Substance Abuse Community Services........................................! Mental Retardation Community Services...................................................................! Mental Health Community Services............................................!
Community Mental Health Center Services...............................................................!
Special Purpose Contract...............................................................! Total Funds Budgeted....................................................................!

917
948,100 750,949 10,980,977 19,132,980 25,223,157 4,918,531 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092 27,000 640,000 1,126,134 456,330,951 5,258,920
132,523,735 64,050,954 74,210,729
228,155 892,620 4,726,050 13,213,121
747,761
233,896,918
414.691,428 341,508,994 36,037,623
283,053 420,000 1,772,651 4,066,700 234,554 2,348,900 8,149,039 11,469,056 714,900
1,724,700 42,737,596
91,097,922 22,097,993
55,871,683 272.118
620,807,482

918

JOURNAL OF THE HOUSE,

Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

2,404,100 414,691,428

Community Mental Health/Mental Retardation 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 Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Total

$

40,512,868

$

30,820,338

$

32,567,161

$

23,923,914

$

30,092,197

$

30,435,255

$ 136,607,219

$

24,842,773

$

46,848,380

$

22,916,873

$

3,462,612

$

10,233,627

4,786,953

69,911,100 21,757,590

702,484 516,969 1,090,072
55,871,683 379,214
1,406,231
280,748 340,403
4,099,727
15,536,164

90,900 10.774,027 620,807,482

$

24,418,556

$

10,788,238

$

25,385,922

$

19,918,233

$

22,250,759

$

21,243,416

$

80,985,141

$

18,563,294

$

20,826,768

$

17,500,655

$

2,593,738

$

10,057,319

$

2,939,056

$

42,175,100

$

17,483,697

702,484 516,969 1,090,072
47,149,568 379,214
1,210,731
280,748
340,403
4,099,727
15,536,164

90,900 6,164.556 414,691,428

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade................................................ Personal Services.............................................................

15,795.790 7,791,692

TUESDAY, FEBRUARY 23, 1993

919

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 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....................................................................?

1,343,815 244,217 59,760 53,769 106,285 843,733 203,076 676,248 126,910
4,240,985
1,445,000
0
0 24,500
0
0 9,800
0 17,169,790 15,795,790

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

8,370,075

$

4,441,686

$

4.358.029

$

17,169,790

$

7,550,075

$

4,281,686

$

3,964,029

$

15,795,790

Section 26. Department of Insurance. Budget Unit: Department of Insurance .............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment..... ...................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review ....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

14,143,756 11,775,443
706,912 394,214 40,500 130,880 653,502 611,762 286,025 150,000
0 14,749,238 14,143,756

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile

4,495,910 5,487,035
477,115

4,495,910 5,487,035
477,115

920

JOURNAL OF THE HOUSE,

Home Regulations Total

4,289.178 14,749,238

3,683,696 14,143,756

Section 27. Department of Labor. Budget Unit: Department of Labor.......
Personal Services................................. Regular Operating Expenses............. Travel.................................................... Motor Vehicle Purchases................... Equipment............................................ Computer Charges............................... Real Estate Rentals............................ Telecommunications ........................... Per Diem, Fees and
Contracts (JTPA) ............................ Per Diem, Fees and Contracts.......... W.I.N. Grants...................................... Payments to State Treasury.............. Capital Outlay..................................... Total Funds Budgeted........................ State Funds Budgeted........................

6,455,582 62,661,235 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 2.130.000 149,869,402 6,455,582

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

$

22,577,652

$ 127,291,750 $ 149,869,402

3,748,276
2707306 6,455,582

Section 28. Department of Law. Budget Unit: Department of Law.......................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8.727,304 8,184,253
335,425 84,057
0
4,030
149,533 462,926 92,080 30,000 110.000 9,452,304
8,727,304

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties

960.317.537 12,942,598 3,273,421 104,200 0 48,176 16,926,286 935,973 401,058 56,408,982

TUESDAY, FEBRUARY 23, 1993

921

and Disallowances .......................................................................$ Payments to Counties
for Mental Health .......................................................................$ Audit Contracts ...............................................................................$ SFY 1992 Medicaid Benefits,
Penalties and Disallowances ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

2,413,356,054
43,767,828 772,500
222,957.982 2,771,895,058
960,317,537

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

929,327

$

Benefits, Penalties

and Disallowances

$ 2,680,081,864

$

Community Services

$

1,067,418

$

Systems Management

$

18,713,573

$

Professional Services

$

2,198,326

$

Program Compliance

$

4,570,579

$

Institutional Policy

and Reimbursement

$

6,488,687

$

Maternal and Child Health

$

482,950

$

Operations

$

57,362,334

$

Total

$ 2,771,895,058

$

B. Budget Unit: Indigent Trust Fund................................................!

Per Diem, Fees and Contracts ..............................................,.......$

Benefits.............................................................................................$

Total Funds Budgeted....................................................................$

State Funds Budgeted....................................................................!

460,517
944,231,236 379,647
5,277,579 909,852
1,730,418
3,606,486 137,939
3.583.863 960,317,537 90.578.050
0 238.866.166 238,866,166 90,578,050

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! 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 7,347,732 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

Merit System Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training

!

1,693,931

!

2,659,945

!

1,279,462

!

1,240,213

922

JOURNAL OF THE HOUSE,

and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

1,290,188
27,234,367 769,635,934
2,562.617 $ 807,596,657

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources... ...............................................................$ Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................* Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................* Computer Charges...........................................................................* Telecommunications.......................................................................* Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................* Cost of Material for Resale ...........................................................* Capital Outlay: New Construction............................................................................* Repairs and Maintenance ..............................................................* Land Acquisition Support .............................................................* Wildlife Management Area Land
Acquisition..................................,.................................................* Shop Stock - Parks.........................................................................* User Fee Enhancements.................................................................* Buoy Maintenance..........................................................................* Waterfowl Habitat ..........................................................................$ Paving at State Parks and
Historic Sites................................................................................* Grants:
Land and Water Conservation......................................................* 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

59.258,781 59,515,856 11,499,043
384,234 1,614,659 2,098,805 4,164,903 1,089,506
794,950 996,057 147,440 150,000 2,450,000
503,703 2,228,500
330,000
585,000 270,000 1,129,000
30,000 0
400,000
800,000 0
234,330 0
49,000 0
106,513
170,047 9,800 88,472
300,000
0
2,448,394 5.000
94,593,212
314,594

TUESDAY, FEBRUARY 23, 1993

923

Memorial Association. Indirect DOAS Funding, State Funds Budgeted...,

2,122,585 200,000
59,258,781

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

6,611,382
34,677,361 1,669,991 28,251,643 23.382,835 94,593,212

2,225,234
17,833,561 1,563,491 24,024,491 13,612.004 59,258,781

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment. .......................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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

Section 32. 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....................................................................!

82.419.028
47,389,536 6,793,660
113,000 2,391,120
504,520 0
7,735 602,000 194,150
150,000 0
58,145,721 150,000
57,995,721

2. Driver Services Budget: Personal Services.............................................................................!

18,102,456

924

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$
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....................................................................!

1,928,201 22,000 25,000 155,700
3,507,000 39,600 590,000 185,350 0 290,000
30,000 1.048.000 25,923,307 1,500,000 24,423,307

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

11,446,055

!

25,923,307

!

46.699,666

!

84,069,028

11,446,055 24,423,307 46.549.666 82,419,028

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....................................................................!

12.768.516
6,843,024 2,500,836
91,200 0
101,720 377,000 100,821 142,000 572,840 3,016,149
0 13,745,590 12,475,528

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....................................................................!

468,615 43,742 10,828
0 3,096 37,600 75,078 3,670 74,012 3.500.000 4,216,641 292,988

Attached Units Functional Budgets

Total Funds

State Funds

TUESDAY, FEBRUARY 23, 1993

925

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

4,216,641
4,895,730 1,159,276 1,044,905
397,332
6,248,347 17,962,231

292,988
4,895,730 859,216 964,905
397,332
5,358.345 12,768,516

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees' Retirement System.............................$ Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9.622.000 472,000
9.150.000 9,622,000 9,622,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission..........................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,240.248 6,055,926
387,583 165,442 133,328 10,682 400,600 321,189 122,366 2,098.115 9,695,231 8,240,248

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,520,898 3,091,378 5.082,955 9,695,231

1,520,898 1,750,117 4,969,233 8,240,248

Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................! Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Special Funding Initiative.............................................................! Office of Minority Business Enterprise.......................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium......................................................................! Capital Outlay.................................................................................!

800.775,892
912,491,091 127,868,149
211,894,841 130,027,723
5,656,519 300,346 327,618 281,769
1,550,000 19.930.103

926

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1,410,328,159 35,145,666 258,453,106 312,926,195 3,027,300 800,775,892

B. Budget Unit: Regents Central Office and Other Organized Activities....................................$
Personal Services: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research ...................................................................$ Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant.........................................! Capital Outlay - ETMH.................................................................! 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....................................................................!

137,005,657
229,830,296 71,769,222
126,848,743 38,685,565
0 1,851,062 1,537,913
2,582,707 2,390,499
146,403 5,194,000 1,212,000 17,400,000 1,686,906 7,380,925 1,101,055
552,720 184,240
808,908
206,780
6.203.236 517,573,180
0 112,271,263 267,740,560
555,700 137,005,657

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

1,706,531
3,568,530 1,303,980
127,675,519
7,302,905

1,169,743
I,355,342 853,257
II,709,917
2,009,167

TUESDAY, FEBRUARY 23, 1993

927

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

47,848,067 41,644,325 242,606,023 2,419,303 2,486,322 12,284,440 2,295,254 3,276,299 21,155,682 517,573,180

30,987,555
24,988,513
27,679,204 2,419,303
449,604 12,284,440
0 45,745 21.053,867 137,005,657

C. Budget Unit: Georgia Public Telecommunications Commission ..............................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds .....................................................................................$ State Funds Budgeted....................................................................!

0 6,733,297 7.745.891 14,479,188 14,479,188
0

Section 36. Department of Revenue. Budget Unit: Department of Revenue ...............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals :.......................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement and FICA..............................! Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

79,711.570 50,496,965 4,329,794
1,365,575 62,745 551,124
12,205,702 2,646,528
883,411 1,591,243 4,550,926
0 2,439,610 3.258.844 84,382,467 3,845,000 79,711,570

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

8,829,065 10,396,987 9,471,504 17,483,129 7,786,460 15,317,389 6,899,238 3,935,931 4,215,912

8,829,065 10,196,987 8,656,304 17,183,129 7,086,460 14,017,389 6,899,238 2,910,034 3,886,112

928

JOURNAL OF THE HOUSE,

State Board of Equalization Total

$

46,852

$

84,382,467

$

46.852

$

79,711,570

Section 37. 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....................................................................?

22.163.259 14,918,849 2,200,541
176,350 208,000 170,887 970,815 2,282,570 304,610 780,637 650.000 22,663,259 22,163,259

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 State Examining Boards Total

$

3,153,195

$

4,368,619

$

4,235,404

$

1,536,087

$

968,286

$

269,339

$

8,132.329

$

22,663,259

$

3,013,195

$

4,293,619

$

4,140,404

$

1,500,087

$

914,286

$

269,339

$

8.032,329

$

22,163,259

B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel........................................-........................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,754.416 1,027,392
153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750 1,754,416 1,754,416

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,754,416

$

1,794,416

Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation
Commission..............................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$

1.643,494
885,630 108,635 54,050
0

TUESDAY, FEBRUARY 23, 1993

929

Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

12,375 7,250 53,377 15,920 705,914 416,768 2,259,919 1,643,494

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission......................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College ROTC Grants..........................................! Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship Grants...........................................! Paul Douglas Teacher Scholarship Loans...................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

24,876,997 4,592,951
397,661 81,800
0 18,500 366,027 145,000 38,000 24,763
0 4,076,000 16,774,274 4,803,940
38,000 85,000 160,000 501,740 425.000 32,528,656 24,876,997

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

5,178,917
0
26,863,954
485,785 32,528,656

0
0 24,391,212
485,785 24,876,997

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Retirement System Members........................................................! Floor Fund for Local Retirement Systems.................................!

3.800.000 3,404,588
320,500 26,650 3,200 944,361 315,500 63,014 320,000
3,200,000 600,000

930

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

9,197,813
3,800,000

Section 41. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education..............................................$
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....................................................................?

121.216.988 3,586,821 357,303 108,250 0 17,000 391,822 454,619 141,000 713,500 85,856,410 18,459,911 0 5,815,340 23,268,933 2,584,343 10,506.158
152,261,410 121,216,988

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,770,315 146.491.095 152,261,410

?

3,962,520

? 117,254.468

? 121,216,988

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................? For public roads and bridges and for other transportation activities.
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.......................................................................? Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................? Spoilage Area Acquisition, Clearing,
Preparation and Dike Reconstruction......................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

420.204.091
223,456,977 58,998,174
1,555,799 820,368
5,187,002 5,088,058 1,307,274 2,406,075 11,910,705 751,374,730
975,335 850,000 9,342,544
680,000
3.000.000
1,076,953,041 420,204,091

TUESDAY, FEBRUARY 23, 1993

931

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 790,093,128

$ 228,575,142

$

8,689,580

I

22.499,387

$ 1,049,857,237

166,253,128 217,175,142
8,039,580 21,919.387 413,387,237

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer
Facilities Harbor/Intra-Coastal
Waterways Activities Planning and Construction Total

$

0

$

1,517,581

$

21,898,223

$

3,680,000

$

0

$

27,095,804

0 1,157,581
4,979,273
680,000 0
6,816,854

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service...........
Personal Services. ....................................................... Regular Operating Expenses ....................................
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....................................................................$

20,845.883 4,343,151
109,725 71,200
0 83,100
8,800
233,487 55,500 23,000
15,255,296
6,033,934
80.321 26,297,514 20,845,883

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

$

4,856,463

15,326,196

6.114.866 26,297,514

$

4,652,480

$

11,805,918

$

4,387,485

$

20,845,883

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board .........
Personal Services.................................................... Regular Operating Expenses ................................
Motor Vehicle Purchases ...............................................................$

9,343,742 6,763,040
308,220 64,750
0

932

JOURNAL OF THE HOUSE,

Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$
Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Payments to State Treasury..........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13,958 190,110 932,964
105,000 239,200
1,000.000 9,617,242 9,343,742

Section 45. 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).........................................................!

318,716,359
68.310.000 387,026,359

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations 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 oper ation of the National Center for State Courts.

Section 47. 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 48. 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 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu
cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board

TUESDAY, FEBRUARY 23, 1993

933

of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Children and Youth Services.
Section 55. Provisions Relative to Section 16, 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 56. Provisions Relative to Section 17, 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 57. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,653.98. 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 19, 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 19, 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.

934

JOURNAL OF THE HOUSE,

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 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 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.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Section 58. Provisions Relative to Section 20, Employees' Retirement Sys tem. 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 59. Provisions Relative to Section 21, 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.

TUESDAY, FEBRUARY 23, 1993

935

Section 60. Provisions Relative to Section 23, 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 61. Provisions Relative to Section 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in
Asst. Group 1 2 3
4 5
6 7 8
9 10 11

Standards
of Need $ 235
356 424
500 573
621 672 713
751 804 860

Maximum Monthly
Amount $ 155
235 280
330 378
410 444 470
496 530 568

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.

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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.
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.
It is the intent of this General Assembly that the Department of Human Resources use existing funds to purchase meningitis vaccines.
Section 62. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for upgrading computer systems.
Section 63. Provisions Relative to Section 29, 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 directed to use existing funds to cover the services of certified registered nurse anesthetists.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
Section 64. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $165.00 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for 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 employer 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%.
It is the intent of this General Assembly that the pay for performance study to be conducted by the Merit System of Personnel Administration include within its scope the development of a career ladder for service delivery employees.
Section 65. Provisions Relative to Section 31, 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 66. Provisions Relative to Section 32, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars

TUESDAY, FEBRUARY 23, 1993

937

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 67. Provisions Relative to Section 35, Board of Regents, Univer sity System of Georgia The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
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 68. Provisions Relative to Section 37, 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 69. Provisions Relative to Section 41, Department of Technical and Adult Education. None of the State funds appropriated in Section 41 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 70. Provisions Relative to Section 42, 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 42 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.

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g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling 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 $481,697,237 of motor fuel tax appropriated in this act, $5,000,000 is designated for the design of the bridge that will replace the existing Sidney Lanier Bridge in Brunswick.
It is the further intent of this General Assembly that of the $481,697,237 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 71. 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 $8,320,000 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 ($8,200,000 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 72. 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 73. 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.

TUESDAY, FEBRUARY 23, 1993

939

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 74. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 78. 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 79. (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 1993 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

940

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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 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 adminis tration of the annual operating budget.
Section 80. 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 81. 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 82. The constitutionally elected official, appointed departmental commis sioner, or otherwise designated chief officer of each budget unit in the Appropriations Act shall develop a system for reporting to the House of Representatives Budget Subcommit tee and the Senate Continuation Subcommittee recommendations on all programs subject to continuing appropriations where the department feels an appropriate review may cause savings or efficiencies or repeal of said program from future continuing appropriations. The House of Representatives Budget Subcommittee and Senate Continuation Subcom mittee shall report to the membership of the General Assembly, within one week of the convening of each annual meeting of the General Assembly, a list of all programs brought to the House of Representatives Budget Subcommittee and Senate Continuation Subcom mittee as well as actions recommended, if any, by the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee of the General Assembly. It is the expressed intent of the General Assembly to seek, in a positive environment, recommenda tions from those charged with managing the appropriations of state funds, ways to economize and make the operations of the government more efficient. It is further the intention of the General Assembly to seek constructive advice on those programs which no longer merit continuing appropriation, or those programs which, through merger with

TUESDAY, FEBRUARY 23, 1993

941

other operations, may result in a positive reduction in the expenditures of state govern ment.
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 1993....................................................................$ 8,252,216,454 (Including $90,578,050 in Indigent Trust Fund)
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."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 121.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove N Brooks.D
Brooks.T Y Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd N Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childera N Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth
Y Cumniings Y Davis.G N Davis,M E Dickinson NDix Y Dixon,H
Y Dixon.S Y Dobbs Y Dover N Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Flovd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner
Y Harris,B Y Harris,M
YHart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E N Johnson,G Y Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon
Y Klein YLadd N Lakly Y Lane,D Y Lane,R N Lawrence Y Lawson YLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin YMcBee Y McClinton
McKinney,B YMilam N Mills

On the motion, the ayes were 146, nays 27. The motion prevailed.

Y Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandaU Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,? Y Smith.T N Smith.V Y Smith.W YSmyre Y Snow Y Stancil,F N Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts N Westmorland Y White Y Williams.B Y Williams.R
N Yates Y Yeargin
Murphy,Spkr

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Representative Bannister of the 77th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HR 120. By Representatives Childers of the 13th and Stancil of the 91st:
A resolution requesting all health and human service programs which result in licensure or certification by the State of Georgia to include gerontology or geriatric education within their programs and encouraging all licensing and certification boards in Georgia to approve gerontology and geriatric education courses as meeting part of continuing education requirements for such licen sure or certification.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M E Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover YEhrhart YBpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond Y Manner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin Y McBee Y McCHnton
McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith.L
Y Smith,P Smith,T
Y Smith,V Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley.P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense
Turnquest YTwiggs
Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmorland Y White Y Williams.B Y WiUiams,R
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 470. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act creating the state court of Sumter County, so as to change the beginning date of the January term of court.

TUESDAY, FEBRUARY 23, 1993

943

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 515. By Representatives Cauthorn of the 35th and Groover of the 125th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of an agency, so as to revise and clarify the provisions relating to the formality necessary to create an agency.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Anno tated, relating to the establishment of the equalized adjusted school property tax digest, so as to change certain provisions relating to the appointment of boards of arbitrators.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 107. By Representative Groover of the 125th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to provide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipality in which the offense is alleged to have been com mitted.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrest by law enforcement officers in general, so as to provide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipality in which the offense is alleged to have been committed; to provide that the county or municipality where an offense is alleged to have been committed shall pay the travel expenses of such officer; to provide that an officer may hold the arrested person in another jurisdiction in order to enable such officer to transfer the arrested person; to provide for additional powers and authority with respect to the transportation of prisoners; to provide for contracts between the sheriff and certain municipal or other law enforcement agency heads relative to the

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transporting of arrested individuals; to provide that in the absence of such a contract, the sheriff or his or her designee has the right of first refusal of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred; to provide that the law enforcement agency transporting an arrested individual shall have responsibility in any such case; to provide for construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrest by law enforcement officers in general, is amended by adding a new Code section immediately following Code Section 17-4-25, to be designated Code Sec tion 17-4-25.1, to read as follows:
"17-4-25.1. (a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipal ity in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality.
(b) Unless otherwise provided by contract, the county or municipality where the offense is alleged to have been committed shall pay the reasonable travel expenses of the officer transporting an arrested person under subsection (a) of this Code section. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to pre pare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed.
(c) A sworn law enforcement officer from a county or municipality shall be autho rized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, youth development center, or court appearance outside such county or munici pality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose.
(d) This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction.
(e) Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a writ ten contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the trans portation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual."
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:

YAshe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks.D

TUESDAY, FEBRUARY 23, 1993

945

Y Brooks/T Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Y Colwell Y Connell
YCox N Crawford
Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M E Dickinson YDix Y Dixon.H

Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H

Y Johnson.E
Y Johnson,G Y Johnson,J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton
McKinney.B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver

Y O'Neal
Orrock Y Padgett YParham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
YPoston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper
Y Smith,C Y Smith.L Y Smith,P

Y Smith.T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas,C YTillman Y Titus
Y Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 737 Do Pass, by Substitute SB 43 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 741 Do Pass SB 17 Do Pass SB 133 Do Pass

946

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 130 Do Pass, by Substitute HB 402 Do Pass, by Substitute HB 755 Do Pass
Respectfully submitted, Is/ Thomas of the 100th
Chairman

Representative Harris of the 112th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 759 Do Pass HB 564 Do Pass
HB 692 Do Pass, by Substitute HB 784 Do Pass

HB 21 Do Pass HB 290 Do Pass, by Substitute SB 109 Do Pass

Respectfully submitted, /s/ Harris of the 112th
Vice-Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

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

HR 230 Do Pass HR 312 Do Pass
HR 313 Do Pass HR 314 Do Pass

HR 315 Do Pass HR 316 Do Pass
HR 317 Do Pass HR 318 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

TUESDAY, FEBRUARY 23, 1993

947

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 547 Do Pass
Respectfully submitted, /s/ Dover of the 9th
Chairman

Representative Walker of the 141st 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.

948

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 24, 1993

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend John A. Lockhart, Pastor, Union Baptist Church, Louisville, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 872. By Representative Stephenson of the 25th: A bill to amend an Act providing a new charter for the City of Commerce, so as to change the provisions relating to the selection and term of service of the superintendent of the board of education of the independent school system of the City of Commerce.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 873. By Representative Lord of the 121st: A bill to amend an Act creating a board of commissioners of Washington County, so as to change the description of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 24, 1993

949

HB 874. By Representative Lord of the 121st:
A bill to amend an Act placing the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Hancock County on annual salaries in lieu of the fee system of compensation, so as to revise provisions relating to the personnel of the sheriff and the compensation of such personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 875. By Representative Lord of the 121st:
A bill to reconstitute the Board of Education of Washington County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 876. By Representatives Coleman of the 142nd, Floyd of the 138th and Byrd of the 170th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Oconee Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 877. By Representative Bannister of the 77th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife, so as to provide addi tional conditions under which crossbows will be such legal weapons.
Referred to the Committee on Game, Fish & Parks.

HB 878. By Representatives Greene of the 158th, Byrd of the 170th, Lane of the 55th and Holmes of the 53rd:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Anno tated, relating to permits for solid waste or special solid waste handling, dis posal, or thermal treatment facilities, so as to provide that no person shall begin construction on or be issued a permit for the construction of a biomedical waste thermal treatment technology facility prior to a certain date.
Referred to the Committee on Natural Resources & Environment.

HB 879. By Representatives Dobbs of the 92nd, Benefield of the 96th and Patten of the 176th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide a reduced civil penalty for violations of maximum weight provisions for certain vehicles engaged in collecting and transporting munici pal solid waste or recovered materials; to provide defintions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated.
Referred to the Committee on Transportation.

950

JOURNAL OF THE HOUSE,

HB 880. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing in general, so as to provide that in any case where an out-of-state certificate of title is needed for registering a motor vehicle in this state, the 21 day period for registering motor vehicles shall begin to run from the date the out-of-state certificate of title is received.
Referred to the Committee on Motor Vehicles.

HB 881. By Representatives Powell of the 23rd, Yeargin of the 90th, Scoggins of the 24th and Jamieson of the 22nd:
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 Northern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 883. By Representatives Buckner of the 95th, Snow of the 2nd, Perry of the llth and Streat of the 167th:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Anno tated, relating to definitions relative to highways, so as to provide that the definition of "other transportation purposes" or "other public transportation purposes" shall include "transportation enhancement activities" as that word is defined by federal law.
Referred to the Committee on Transportation.

HB 884. By Representatives Hammond of the 32nd, Walker of the 141st, Holmes of the 53rd, Ashe of the 46th and Cauthorn of the 35th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to regulate and provide for the safe use of remote service terminals; to provide definitions; to provide for the adoption of procedures for evaluating the safety of remote service terminal areas; to provide for adequate lighting.
Referred to the Committee on Banks & Banking.

HB 885. By Representative Groover of the 125th:
A bill to amend Code Section 12-3-522 of the Official Code of Georgia Anno tated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the author ity.
Referred to the Committee on State Institutions & Property.

HR 339. By Representative Groover of the 125th: A resolution compensating Ms. Shirley Selph.
Referred to the Committee on Appropriations.

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

WEDNESDAY, FEBRUARY 24,1993

951

HB 898. By Representatives Watts of the 26th, Watson of the 139th, Barnes of the 33rd, Royal of the 164th, Hanner of the 159th and others:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to pro hibit casino and other gambling on craft where voyages begin and end in the waters of the state.
Referred to the Committee on Industry.

HB 899. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 900. By Representatives Johnson of the 148th, Ladd of the 59th, Brown of the 117th, Towery of the 30th, Lord of the 121st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for transaction of insurance, so as to change the provisions relating to language simplification and reading ease standards for certain policies and documents so as to include additional policies and documents within such requirements.
Referred to the Committee on Insurance.

HB 901. By Representatives White of the 161st, Brooks of the 54th, Sherrill of the 62nd and Hudson of the 156th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income, so as to change the manner of computing Georgia taxable net income; to provide a deduction of the amount of interest paid on a loan which solely finances the purchase of a motor vehicle manufactured by a corporation domiciled in the United States.
Referred to the Committee on Ways & Means.

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

HB 849 HB 850 HB 851 HB 852 HB 853 HB 855 HB 856 HB 857 HB 858 HB 859 HB 862 HB 863 HB 864 HB 865

HB 866 HB 867 HB 868 HB 869 HB 870 HB 871 HB 882 SB 83 SB 122 SB 143 SB 172 SB 173 SB 192 SB 227

952

JOURNAL OF THE HOUSE,

SB 232 SB 234 SB 238

SB 242 SB 249 SR 25

Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 844 Do Pass HR 168 Do Pass HR 287 Do Pass HR 288 Do Pass SB 191 Do Pass SR 115 Do Pass SR 118 Do Pass

SR 119 Do Pass SR 121 Do Pass, by Substitute SR 122 Do Pass SR 127 Do Pass SR 142 Do Pass SR 153 Do Pass

Respectfully submitted, /s/ Colwell of the 7th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 557 Do Pass, by Substitute HB 813 Do Pass HB 814 Do Pass
HB 815 Do Pass HB 817 Do Pass HB 818 Do Pass
HB 833 Do Pass, by Substitute

HB 839 Do Pass HB 840 Do Pass HB 841 Do Pass
HB 845 Do Pass HB 846 Do Pass HR 197 Do Pass, as Amended

Respectfully submitted,
/s/ Lane of the 55th Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 24, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:
HB 214 Motor vehicles; school bus tire treads; requirements HB 301 Transportation Department; rejected bids; disclosure

WEDNESDAY, FEBRUARY 24, 1993

953

HB 446 Jury commissioners and clerk; compensation HB 476 Driver Training School License Act; instructor licenses HB 486 Crim proc; death sentence/life imprisonment; victim impact statement HB 490 Firearms possession; prohibitions; exempt certain court personnel HB 505 State building codes; extensively revise provisions (Recon.) HB 523 Commercial Real Estate Broker Lien Act; enact HB 528 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions HB 585 Special license plates; disabled veterans HB 593 Ambulances; license fees; Indigent Care Trust Fund HB 728 Co/mun; participation in fed HOME Investment Partnerships Program HB 779 Judges of the Probate Cts Ret; cert members; cost-of-living increase
SB 51 State Forestry Commission; unpaid volunteers; authorization SB 87 Probation fees; certain cases of probation or pretrial release
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 557. By Representative Barnes of the 33rd:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to change the provisions regarding the appointment of members of the authority.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, so as to provide for the naming of convention facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, is amended by adding imme diately following Section 3 a new Section 3.1 to read as follows:
"Section 3.1. The name of the convention facility located in the unincorporated area of Cobb County and under construction on the effective date of this Act shall be 'Cobb Galleria Centre, Atlanta, Georgia.' Should any person claim or reasonably be found to own the rights to the name 'Galleria' and any such owner shall fail to consent to the use of the word 'Galleria,' the authority shall select a name having 'Cobb' as its first word."
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 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

954

JOURNAL OF THE HOUSE,

HB 813. By Representative Smith of the 175th:
A bill to amend an Act to provide for the Board of Education of Camden County, so as to provide for reapportionment of the education 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 814. By Representative Smith of the 175th:
A bill to amend an Act providing for a new charter for the City of St. Marys, so as to provide for districts for the election of councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 815. By Representative Smith of the 175th:
A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for reapportionment of 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 817. By Representatives Ray of the 128th and James of the 140th:
A bill to reconstitute the Board of Education of Crawford County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 818. By Representatives Ray of the 128th and James of the 140th:
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.

The report 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 4.

WEDNESDAY, FEBRUARY 24, 1993

955

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

HB 833. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th:
A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for staggered two-year terms for the mayor and council.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), so as to provide for staggered two-year terms for the mayor and council; to provide for transitional terms of office; 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 a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), is amended by striking in its entirety Section 2.02 and inserting in its place a new section to read as follows:
"Section 2.02. Qualifications and election of mayor and councilmembers. (a) There is created the office of mayor of the City of Grantville. There are created four council posts of the City of Grantville, which shall be known as Council Posts 1, 2, 3, and 4. Each and every council post shall be for the city at large.
(b) The mayor and the councilmembers shall be elected by the qualified electors 18 years of age or over and may be qualified as a candidate for mayor or councilmember by submitting to the city clerk a notice of candidacy at least 15 days prior to the elec tion. In case of a candidacy for councilmember, the candidate shall give the number of the post for which he or she is qualifying as a candidate.
(c) The terms of the two councilmembers from Post 3 and Post 4, respectively, who were elected in 1991 shall end on December 31, 1995, and when their respective succes sors are elected and qualified. Their respective successors shall be elected on the Tues day following the first Monday in November, 1995, and shall take office on the first day of January following their election. Thereafter, successors shall be elected biennially in odd-numbered years and shall take office on the first day of January following their election.
(d) The terms of the mayor and the two councilmembers from Posts 1 and 2, respec tively, who were elected in 1990 shall end on December 31, 1993, and when their respec tive successors are elected and qualified. Their respective successors shall be elected on the Tuesday following the first Monday in November, 1993, and shall take office on the first day of January following their election for terms of one year, which shall expire on December 31, 1994, and when their respective successors are elected and qualified. Thereafter, successors shall be elected biennially in even-numbered years and shall take office on the first day of January following their election.
(e) The terms of office of mayor and councilmember shall begin at 12:01 A.M., on the first day of January following their election, and they shall serve until their succes sors have been elected and qualified.
(f) Those candidates seeking election for the office of mayor and council who receive a plurality of the votes cast shall be deemed elected."
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 4.

956

JOURNAL OF THE HOUSE,

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

HB 839. By Representatives Milam of the 130th and Epps of the 131st:
A bill to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 840. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to provide for a vice-chairperson of the Board of Commission ers; to provide for a quorum to conduct meetings.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 841. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Educa tion of the City of Gainesville.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 845. By Representatives Greene of the 158th and Skipper of the 137th:
A bill to provide for the election of the Board of Education of Marion County and the procedures connected therewith.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 846. By Representative Greene of the 158th:
A bill to amend an Act entitled "An Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax com missioner of Quitman County," so as to abolish the present mode of compen sating said tax commissioner, known as the fee system.

WEDNESDAY, FEBRUARY 24, 1993

957

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs - Local moves to amend HR 197 by striking from line 24 of page 2 the word "later" and inserting in lieu thereof the word "earlier".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 97, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

By unanimous consent, all Local Bills and Resolution were ordered immediately trans mitted to the Senate.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 285. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the provisions relating to the mem bership of the commission; to change the date upon which the commission will be abolished.

HB 458. By Representatives Hart of the 116th and Padgett of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to change the provisions relating to the compensation and expenses of the coroner.

HB 688. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provisions relating to the solicitor of said court.

958

JOURNAL OF THE HOUSE,

HB 746. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act establishing the State Court of Wayne County, so as to increase the compensation of the judge and solicitor.

SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive pro cedures; to provide an effective date.

SB 197. By Senators Oliver of the 42nd, Hemmer of the 49th and Marable of the 52nd:
A bill to amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to pro vide for staggered appointments of members of the council; to amend Chap ter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the automatic repealer of such Act.

SB 201. By Senator Oliver of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "House Authorities Law," so as to change certain provisions relating to the investment of funds of a housing authority; to change certain provisions regarding the sale of bonds by a housing authority; to provide for an effective date.

SB 225. By Senators Oliver of the 42nd, Slotin of the 39th, Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to provide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members, terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes.

SB 275. By Senators Gillis of the 20th, Hill of the 4th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide for applicability.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 121. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1992-1993.

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

WEDNESDAY, FEBRUARY 24, 1993

959

SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive pro cedures; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 197. By Senators Oliver of the 42nd, Hemmer of the 49th and Marable of the 52nd:
A bill to amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to pro vide for staggered appointments of members of the council; to amend Chap ter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the automatic repealer of such Act.
Referred to the Committee on Children & Youth.

SB 201. By Senator Oliver of the 42nd:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the "House Authorities Law," so as to change certain provisions relating to the investment of funds of a housing authority; to change certain provisions regarding the sale of bonds by a housing authority; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 225. By Senators Oliver of the 42nd, Slotin of the 39th, and Robinson of the 16th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to provide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members, terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes.
Referred to the Committee on State Institutions & Property.

SB 275. By Senators Gillis of the 20th, Hill of the 4th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide for applicability.
Referred to the Committee on Natural Resources & Environment.

SB 285. By Senators Thompson of the 33rd, Ragan of the 32nd, Clay of the 37th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the provisions relating to the mem bership of the commission; to change the date upon which the commission will be abolished.
Referred to the Committee on State Planning & Community Affairs - Local.

960

JOURNAL OF THE HOUSE,

By unanimous consent, HB 651, which was previously postponed until today, was postponed until Monday, March 1, 1993 immediately following the period of unanimous consents.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 340. By Representative Lane of the 55th:
A resolution recognizing the Atlanta Paralympic Organizing Committee and its President and CEO, Mr. G. Andrew Fleming and inviting him to appear.

HR 341. By Representative Perry of the llth:
A resolution commending the industrial arts classes at Trion High School and inviting them to the House of Representatives.

HR 346. By Representatives White of the 161st, Brooks of the 54th, Sherrill of the 62nd, Sinkfield of the 57th, Lane of the 55th and others:
A resolution commending the employees of the Ford Motor Company's Atlanta Assembly Plant and inviting a representative thereof to appear before the House of Representatives.

HR 349. By Representatives Holmes of the 53rd, Canty of the 52nd, Sinkfield of the 57th, Randall of the 127th, Brooks of the 54th and others:
A resolution commending the Speakers of the State Houses of Assembly of Nigeria and inviting them to appear before the House of Representatives.

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

HB 585. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th and Padgett of the 119th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide certain procedures which will enable a disabled veteran to qualify for a special license plate.

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 Ashe Y Atkins
Bailey Baker Y Bannister Y Barfoot Y Bargeron YBarnes Bates YBenefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove

Y Brooks.D Brooks.T
Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Carlisle E Carrell Y Carter Cauthorn

Y Chambless Chandler
Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth

Y Cummings Davis.G
Y Davis,M E Dickinson Y Dix
Dixon,H Y Dixon,S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M

Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B Y Harris,M Y Hart Y Heard Y Hegstrom Y Hembree

WEDNESDAY, FEBRUARY 24, 1993

961

Henson Holland Holmes Y Howard Y Hudson Y Hughes
Y Hugley James
Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly

Y Lane,D E Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B
Y Mobley.J Y Moore Y Mosley Y Mueller
Oliver

Y O'Neal Orrock
Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall
Y Randolph Ray
Y Reaves Y Reichert Y Roberts Y Royal

Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith.P Y Smith.T Y Smith,V
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley,L Stanley,? Y Stephenson Y Streat

Y Taylor Teague Teper Thomas.C Tillman
Y Titus Towery
Y Trense Turnquest Twiggs
Y Vaughan Y Walker Y Wall
Y Watson Watts
Y Westmoreland
White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Holland of the 157th, James of the 140th and Thomas of the 100th 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, favorably reported by the Committee on Rules, were read and adopted:

HR 230. By Representatives Taylor of the 134th, Sinkfield of the 57th, Mobley of the 69th, Johnson of the 148th and Hart of the 116th:
A resolution recognizing Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representatives on Friday, February 26, 1993.

HR 312. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Brian Ransom and inviting him to appear before the House of Representatives.

HR 313. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Morris "Mo" Lewis and inviting him to appear before the House of Representatives.

HR 314. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Richard "Sackman" Dent and inviting him to appear before the House of Representatives.

HR 315. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Marco Coleman and inviting him to appear before the House of Representatives.

962

JOURNAL OF THE HOUSE,

HR 316. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Willie "Big Play" Clay and inviting him to appear before the House of Representatives.

HR 317. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. Kenneth "The Shark" Gant and inviting him to appear before the House of Representatives.

HR 318. By Representatives Lucas of the 124th, Smyre of the 136th, Randall of the 127th, Sinkfield of the 57th and Holmes of the 53rd:
A resolution recognizing Mr. David Lucas, Jr., and inviting him to appear before the House of Representatives.

Representative Felton of the 43rd arose to a point of personal privilege and addressed the House.

Representative Lee of the 94th arose to a point of personal privilege and addressed the House.

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

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

HR 91 Do Pass HR 149 Do Pass

HR 332 Do Pass HR 340 Do Pass

Respectfully submitted, kl Lee of the 94th
Chairman

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

HB 779. By Representative Cummings of the 27th:
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 that persons who become members after July 1, 1993, shall not be entitled to an automatic cost-of-living benefit increase.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 24, 1993

963

HB 301. By Representatives Benefield of the 96th, Dixon of the 150th, Brooks of the 103rd, Crawford of the 129th, Streat of the 167th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to when public disclosure is not required for public records, so as to provide that rejected bid proposals and cost estimates of the Depart ment of Transportation shall not be open to the public.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that deferred bid proposals, rejected bid proposals, and cost estimates of the Department of Transporta tion shall not be open to the public; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, is amended by striking para graph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned and Department of Transportation engineers cost estimates and rejected or deferred bid proposals, except for the total amount of the bid, either received or prepared pursuant to Article 4 of Chapter 2 of Title 32;".
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:

N Ashe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner N Bunn N Burkhalter YByrd

N Campbell
Canty Y Carlisle E Catrell Y Carter Y Cauthorn
Chambless Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Coleman.T Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G

N Davis.M E Dickinson NDix
Dixon.H
Y Dixon.S Y Dobbs Y Dover
N Ehrhart YEpps Y Evans
N Felton Y Ployd^J.M Y Ployd,J.W
YGodbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M

NHart Y Heard N Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y John&ton
Y Jones Y Joyce NKaye

Y Kinnamon N Klein
NLadd NLakly Y Lane,D ELane.R
N Lawrence N Lawson YLee Y Lewis YLord
Lucas N Maddox EMann Y Martin YMcBee Y McClinton
McKinney.B YMilam N Mills Y Mobley.B Y Mobley,J

964

JOURNAL OF THE HOUSE,

Y Moore Y Mosley Y Mueller Y Oliver YO'Neal
Orrock YPadgett
YParham Y Parrish Y Patten EPelote
Y Perry Y Pinholster
Y Poag

Y Polak Porter
N Poston Y Powell Y Purcell YRandall N Randolph
Y Ray Y Reaves Y Reichert Y Roberts
Y Royal Y Scoggins
Y Shanahan

Y Sherrill Y Shipp
Simpson Sinkfield N Skandalakis Y Skipper N Smith.C
Y Smith.L Y Smith.P
Smith.T Y Smith.V
N Smith,W Y Smyre
Y Snow

Y Stancil,F N Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague N Teper Y Thomas,C Y Tillman
Y Titus N Towery
N Trense

Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Wataon Y Watts
Y Westmorland White
Y Williams.B Y Williams,R
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Poston of the 3rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 528. By Representatives Colwell of the 7th and Poag of the 6th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Anno tated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge and to provide that the provisions of a certain federal law shall take precedence over state law relating to such restrictions; to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, so as to provide that a certain federal act shall take precedence over state law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) As applied to the waters of Allatoona Lake, Lake Blackshear, Lake Blue Ridge, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Richard B. Russell Lake, Walter F. George Reservoir, and West Point Lake, except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto."
Section 2. Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, is amended by striking in their entireties subsections (a), (b), (c), (e), and (j) and inserting in lieu thereof, respectively, the following:

WEDNESDAY, FEBRUARY 24, 1993

965

"(a) (1) The General Assembly finds that because of the increasing number of ves sels having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, Lake Blue Ridge. and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes.
(2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be pro hibited. (b) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters. (c) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out." "(e) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet, whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and hold ing tank, as the terms are defined in Code Section 52-7-3, have been properly installed on the vessel."
\jj i fie ppovisioils Or tii13 ooQc section stiflii ftppiy to ftny vessel constFucteu on ot

sietts ef this Code section; provided, however, that notwithstanding tmy proviaion f th vjOde section TO trie conipflpy wo owner or d vessel conswucteo on or DCIOFC u ftntiflry ~t$
1001. In the event any provision of this Code section is found to be in conflict with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, such federal act shall control."
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:

YAshe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong

Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown Y Buck Y Buckner
Y Bunn Y Burkhalter Y Byrd

Y Campbell Y Canty Y Carlisle E Carrell Y Carter Y Cauthorn Y Chambless
Chandler
Y Channell Y Childers Y Clark

Y Coker Y Coleman,B
Coleman.T Y Colwell Y Connell Y Cox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis.G

Y Davis.M E Dickinson Y Dix
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart
Y Epps Y Evans Y Felton

966

JOURNAL OF THE HOUSE,

YFloyd,J.M YFloyd,J.W YGodbee Y Golden Y Goodwin YGreene Y Groover YHammond YHanner YHarris,B YHarris,M YHart Y Heard Y Hegstrom YHembree YHenson Y Holland
Holmes Y Howard Y Hudson Y Hughes YHugley Y James Y Jamieson YJenkins

Y Johnson.D.H YJohnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane,D E Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas YMaddol E Mann Y Martin Y McBee Y McClinton

McKinney,B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall

Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley.L

Stanley.P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y WUliams,R Y Yates Y Yeargin
Murphy,Spkr

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

Due to mechanical malfunction, the vote of Representative Carrell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 523. By Representative Barnes of the 33rd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers.

The following Committee substitute was read and adopted:

A BILL
To amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Anno tated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers; to provide conditions for such liens; to provide for the attachment of such liens; to provide for recording of claims for liens; to provide for the contents of the lien notice and other matters relative to such notice; to provide for civil actions to enforce such liens; to provide for pleadings and other matters relative to such actions; to provide for escrow accounts in connection with claims for liens; to provide for release or extinguishment of such liens; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Anno tated, relating to liens, is amended by adding a new Part 15 to read as follows:
"Part 15 44-14-600. This part shall be known and may be cited as the 'Commercial Real Estate Broker Lien Act.' 44-14-601. As used in this part, the term:
(1) 'Broker' means a broker as defined in paragraph (2) of Code Section 43-40-1.

WEDNESDAY, FEBRUARY 24, 1993

967

(2) 'Client' means a person or entity having an interest in real property that has entered into a written brokerage agreement with a real estate broker relative to such property.
(3) 'Commercial real estate' means any real estate other than real estate containing one to four residential units; real estate on which no buildings or structures are located and which is not zoned for nor available for commercial, multifamily, or retail use; or real estate classified as farming for tax assessment purposes. Commercial real estate shall not include single-family residential units such as condominiums, townhomes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.
(4) 'Conveyance' means a sale, lease, or other transfer of commercial real estate. (5) 'Real estate' means real estate as defined in paragraph (8) of Code Section 43-40-1.
44-14-602. (a) Any real estate broker who is not an employee or independent con tractor of another real estate broker shall have a lien, in the amount of the compensa tion agreed upon by and between the broker and the landlord or seller or other client or customer, upon commercial real estate or any interest in commercial real estate:
(1) Listed with or entrusted to the broker under the terms of an agreement for the purpose of managing, selling, leasing, or otherwise conveying any interest in the com mercial real estate as evidenced by a writing signed by the owner or its expressly authorized agent;
(2) As to which the broker or broker's employees or independent contractors have provided licensed services that result in the procuring of a person or entity ready, will ing, and able to enter and who actually enters into a purchase or lease or otherwise accepts a conveyance of the commercial real estate or any interest in the commercial real estate upon terms acceptable to the owner as evidenced by an agreement or con veyance signed by the owner or its expressly authorized agent; or
(3) When a broker having a written agreement with a prospective buyer or tenant to represent the buyer or tenant as to the purchase, lease, or other conveyance of com mercial real estate becomes entitled to compensation. (b) A lien shall attach to the commercial real estate, or any interest in commercial real estate as described in subsection (a) of this Code section, upon the broker's record ing a notice of lien in the county land records in the office of the clerk of the superior court in the county in which the real property or interest in the real property is located. (c) When payment to a broker is due in one lump sum and not paid, the claim for lien must be recorded within 90 days after the tenant takes possession of the leased premises or the transaction procured by the broker is closed. (d) When payment to a broker is due in installments, all or a portion of which is due only after a conveyance of the commercial real estate, any claim for lien for those payments due after conveyance may be recorded at any time subsequent to the convey ance so long as the claim for lien is recorded within 90 days of the date the payment was due and not paid. (e) If a broker has a written agreement with a client as provided for in paragraph (3) of subsection (a) of this Code section, then the lien shall attach to the client's inter est upon the client's purchasing, leasing, or otherwise accepting a conveyance of the commercial real estate and the recording of a notice of lien by the broker in the county land records, in the office of the clerk of the superior court of the county in which the real property or interest in the real property is located, within 90 days after the later of purchase, lease, or other conveyance or transfer to the buyer or tenant or the failure of the buyer or tenant to compensate the broker or to cause the broker to be compen sated pursuant to its agreement. (f) If a broker has a written management agreement for an improved property, then the claim for lien must be recorded within 90 days of the termination of the agreement. (g) If a broker claims a lien based upon an option to purchase or lease, the lien must be filed within 90 days of the date the transaction for which a commission or other fee is due or within 90 days of the date the transaction for sale, lease, or other conveyance is closed, whichever is later.

968

JOURNAL OF THE HOUSE,

(h) The lien notice shall state the name of the claimant, the name of the owner, a description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the broker. The notice of lien shall recite that the information contained in the notice is true and accurate to the knowledge of the signatory. The notice of lien shall be signed by the broker or by a per son expressly authorized to sign on behalf of the broker and shall be verified.
(i) The broker shall mail a copy of the notice of lien to the owner of the commercial real estate by certified mail. The broker's lien shall be void and unenforceable if record ing does not occur at the time and in the manner required by this Code section.
(j) (1) A broker may bring suit to enforce a lien in the superior court in the county where the property is located by filing a verified complaint and sworn affidavit that the lien has been recorded. Within one year after recording the lien, the broker claim ing a lien shall commence proceedings by filing a complaint. Failure to commence pro ceedings within one year after recording the lien shall extinguish the lien. A broker claiming a lien based upon an option to purchase or lease shall, within six months after the transfer or conveyance of the commercial real estate under the exercise of the option, commence proceedings by filing a complaint. Failure to commence pro ceedings within this time shall extinguish the lien.
(2) No subsequent notice of lien may be given for the same claim nor may that notice be asserted in any proceedings under this part.
(3) A complaint under this subsection shall contain a brief statement of the con tract or agreement on which the lien is founded, the date when the contract or agree ment was made, a description of the services performed, the amount due and unpaid, a description of the property that is subject to the lien, and other facts necessary to state a claim for the payment of a commission, fee, or other compensation due the broker. The plaintiff shall make all interested parties, whose interest in the real estate is affected by the action, and of whom the plaintiff is notified or has knowledge, defendants to the action, and shall issue summons and provide service as in other civil actions. Complaint, answer, summons, service, and all other particulars of suit shall be made in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' All liens claimed under this part shall be foreclosed as provided for in Code Section 44-14-530.
(k) The costs and expenses of all proceedings brought under this part, including rea sonable attorney's fees actually incurred, costs, and prejudgment interests due to the prevailing party, shall be borne by the nonprevailing party or parties. When more than one party is responsible for costs, fees, and prejudgment interests, the costs, fees, and prejudgment interests shall be equitably apportioned by the court among those responsi ble parties.
44-14-603. Prior recorded liens and liens for ad valorem taxes shall have priority over a broker's lien.
44-14-604. Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transaction or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim for lien. The requirement to establish an escrow account, as provided for in this Code section, shall not be cause for any party to refuse to close the transaction. These moneys shall be held in escrow until the parties' rights to the escrowed moneys have been determined by written agreement of the parties, by a court of law, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, a release of the claim for lien shall be provided by the broker claiming the lien. Upon the release of the commercial real estate lien by the broker, the broker shall be deemed to have an equitable lien on the escrow funds pend ing a resolution of the broker's claim and the escrow shall not be released until a resolu tion is reached and agreed to by all necessary parties or ordered by a court. The parties are not required to follow this escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to the transferee in the transaction. If the proceeds from the transaction are insufficient to release all liens

WEDNESDAY, FEBRUARY 24, 1993

969

claimed against the commercial real estate, including the broker's lien, then the parties are not required to follow the escrow procedure in this Code section.
44-14-605. (a) Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien.
(b) Upon written demand of the owner, lienee, or other authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 90 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner required by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' for the service of a summons and complaint.
(c) Whenever a claim for lien has been timely filed with the clerk of the superior court and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this part, the lien shall be invalid and the broker shall acknowl edge satisfaction or release of the lien, in writing, on written demand of the owner within 30 days after payment or expiration of the time in which to perfect the lien. This release of the broker shall not be required to invalidate the lien.
(d) The broker's lien provided for in this part shall be dissolved if the owner, pur chaser from owner, lender providing a loan secured by commercial real estate, or other holder of lienable interest in commercial real estate shows that:
(1) The lien has been waived in writing by the lien claimant, or the owner or a person at whose instance the brokerage or management services were provided has given a sworn written statement that all such compensation due or to become due has been paid or has been waived in writing by the potential lien claimant; and
(2) At the time the sworn written statement was obtained or given as part of a bona fide sale or a loan secured by the commercial real estate, the lien of record had not been previously canceled, dissolved, or expired."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Stancil of the 16th was excused from voting on HB 523.

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 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HR 340. By Representative Lane of the 55th:
A resolution recognizing the Atlanta Paralympic Organizing Committee and its President and CEO, Mr. G. Andrew Fleming and inviting him to appear.

The Speaker Pro Tern assumed the Chair.

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:

970

JOURNAL OF THE HOUSE,

SB 87. By Senator Ray of the 19th:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations under the "Statewide Proba tion Act," so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y BrooksJD Y Brooks,T Y Brown YBuck
Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
E Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
Y Childera Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M E Dickinson YDix Y Dixon,H Y Di*on,S Y Dobbs Y Dover
Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y FloydJ.W Y Godbee
Golden YGoodwin Y Greene Y Groover Y Hajnmond Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James
Y Jamieson Y Jenkins
Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane.D E Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddoi E Mann Y Martin Y McBee
McClinton McKinney.B Y Milam Y Mills

Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter YPoston
Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill Y Shipp
Simpson
Y Sinkfleld Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B
Y Williams,R YYates Y Yeargin
Murphy,Spkr

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

Representatives Johnson of the 148th and Powell of the 23rd 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.

Due to mechanical malfunction, the vote of Representative Carrell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 51. By Senators Gillis of the 20th, Huggins of the 53rd and Perdue of the 18th:
A bill to amend Code Section 12-6-5 of the Official Code of Georgia Anno tated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reim bursement of such persons for certain expenses; to provide that such persons shall not be employees of the state.

WEDNESDAY, FEBRUARY 24, 1993

971

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron YBaines Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks,T Y Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carlisle E Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker
Y Coleman,B Coleman.T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Y Davis,G Y Davis,M E Dickinson
YDix Y Dizon,H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson.D.H Y Johnson.E N Johnson.G
Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane.D E Lane.R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox E Mann Y Martin Y McBee
McClinton McKinney.B Y Milam N Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett YParham
Y Parrish Y Patten E Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter
P os ton Y Powell Y Purcell
Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith,W YSmyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley,L
Stanley,P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomaa,C YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmorland
White Y Williams.B
Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 159, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Carrell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

HB 505. By Representative Watson of the 139th:
A bill to amend Chapter 2 of Title 8 of the Official Code of Georgia Anno tated, relating to standards and requirements for the construction and altera tion of buildings and other structures, so as to revise extensively the provisions relating to state building, plumbing, electrical, and other such codes.

The following amendment was read and adopted:

972

JOURNAL OF THE HOUSE,

Representative Thomas of the 100th moves to amend the Committee on Industry sub stitute to HB 505 by striking "the advisory committee created by Code Section 8-2-24" and inserting in its place "an advisory committee" on lines 19 and 20 of page 2.
By striking line 17 of page 30 through line 13 of page 32 and inserting in its place the following:
"(d) The commiaaieBef Commissioner shall consult with and obtain the advice of an advisory committee on industrialized buildings in the drafting, promulgation, and revi sion of rules and regulations to be adopted for the purpose of this part. The advisory committee on industrialized buildings shall consist of 11 members appointed by the commiaaieaer Commissioner and approved by the Governor to serve at the commiaaionert Commissioner's pleasure. Members of saM the advisory committee on industrialized buildings shall consist of technically qualified, interested, and affected persons appointed by the commiaaieBef Commissioner from the following professional, technical, and occupational fields:
(1) One member shall be associated with the practice of architecture; (2) One member shall be associated with the practice of structural engineering; (3) One member shall be associated with building code enforcement; (4) One member shall be associated with the practice of mechanical engineering or contracting; (5) One member shall be associated with the practice of electrical engineering or contracting; (6) One member shall be from the industrialized building industry; (7) One member shall be a member of a municipal governing body; (8) One member shall be a member of the governing body of a county; (9) One member shall be associated with the industrialized building evaluationinspection service; (10) One member shall be from a regional development center; and (11) One member shall be appointed from any state agency actively involved with housing.
(e) The advisory committee on industrialized buildings shall meet on call by the commiaaieBef Commissioner, and the members of the advisory committee on industrial ized buildings shall be reimbursed for any reasonable and necessary travel and other expenses actually incurred by them while attending meetings of said the advisory com mittee on industrialized buildings.
4f)--Recommendations frem this committee shall fee subject te approval by an advtaery committee appointed by th commissioner pursuant te Code Section 8-2 24.
{g} (f) The commissioner Commissioner may set qualifications and employ and fix the compensation of any state inspectors or other employees necessary to carry out the provisions of this part. The commiaaioncr Commissioner may authorize such state inspectors to travel within or without outside the state for the purpose of inspecting industrialized buildings and manufacturing facilities to determine compliance of such structures with standards promulgated pursuant to this part. Upon the request of a local government, the commiasietter Commissioner may authorize a state inspector to visit any site of installation of industrialized buildings for the purpose of inspecting such installa tion on behalf of the local government requesting such service. The cost of any inspec tions made pursuant to this subsection shall be borne by the manufacturer in such manner as the commiaaieaef Commissioner may prescribe by rule.
{h> (g) The commissioner Commissioner may establish necessary training programs for a local government enforcement agency and inspection agency personnel."

The Committee substitute, as amended, was adopted.

WEDNESDAY, FEBRUARY 24, 1993

973

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes N Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks,D Y Brooks,T
Brown YBuck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell
Y Canty Y Carlisle E Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childere Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox N Crawford Y Crews Y Culbreth Y Cummings
Y Davis,G Y Davis.M E Dickinson YDii Y Dixon.H Y Dixon,S N Dobbs
Dover Y Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee N Golden Y Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D E Lane.R Y Lawrence
Y Lawson YLee Y Lewis
Lord Y Lucas Y Maddoi E Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam
Y Mills

Y Mobley,B Y Mobley,J Y Moore YMosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish Y Patten
E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
YPoston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T N Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Y Streat Y Taylor
Teague NTeper Y Thomas,C Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Y Westmorland Y White Y William8,B Y Williams,R
NYates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to mechanical malfunction, the vote of Representative Carrell of the 87th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 342. By Representatives Walker of the 141st and Watson of the 139th: A resolution recognizing and commending Mr. G. Francis Nunn.

HR 343. By Representatives Walker of the 141st, Murphy of the 18th, Thomas of the 100th, Skipper of the 137th, Reaves of the 178th and others:
A resolution expressing regret at the passing of Ann Irwin Bray.

HR 344. By Representatives Patten of the 176th and Murphy of the 18th: A resolution commending Mrs. Nezzie Bell Lastinger Tucker.

974

JOURNAL OF THE HOUSE,

HR 345. By Representatives Martin of the 47th and Ashe of the 46th: A resolution recognizing Midtown Atlanta Day.

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 648 Do Pass, by Substitute
Respectfully submitted, Is/ Lord of the 121st
Chairman

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

HB 728. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exercise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended.

The following Committee substitute was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to authorize counties and municipal corporations to exercise any powers and to undertake any activities necessary to allow participation in federal programs; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by adding following Chapter 85 a new Chapter 86 to read as follows:
"CHAPTER 86
36-86-1. Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and is a public purpose for counties and municipal corporations to be authorized to participate in federal programs. To that end, it is the intention of the General Assembly that this chapter be liberally construed to allow such participa tion.
36-86-2. Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs and to comply with the laws and federal regulations relating to such programs, including, but not limited to, the exercise of the following powers:
(1) To contract with the United States and its departments and agencies, authori ties of the state, regional development centers, and other political subdivisions of the

WEDNESDAY, FEBRUARY 24, 1993

975

state in such manner as the governing body of a county or municipal corporation deems necessary or convenient for such county or municipal corporation in its partici pation in such federal programs;
(2) To exercise the power to tax, to expend public money, to condemn property, to zone property, and to exercise such other powers as may be deemed necessary or convenient by the governing authority of the county or municipal corporation for its participation in such federal programs; and
(3) To undertake any and all other activities which the governing authority of the county or municipal corporation deems is in the best interests of the public to aid in the implementation and operation of such federal programs."
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:

N Ashe N Atkins
N Bailey Y Baker N Bannister
Y Barfoot Y Bargeron
N Barnes Y Bates N Benefield
N Birdsong Y Bordeaux
Y Bostick N Breedlove Y Brooks,D Y Brooks.T N Brown NBuck N Buckner Y Bunn N Burkhalter YByrd Y Campbell N Canty Y Carlisle N Carrell
Y Carter N Cauthorn N Chambless Y Chandler N Channel! N Childers N Clark N Coker N Coleman.B Y Coleman.T

N Cohvell Connell
YCox N Crawford
N Crews N Culbreth
N Cummings N Davis.G N Davis.M E Dickinson NDix
Dixon.H N Dixon.S NDobbs
Dover N Ehrhart YEpps N Evans
Felton N Floyd,J.M
Floyd,J.W NGodbee Y Golden Y Goodwin Y Greene N Groover N Hammond N Manner N Harris,B Y Harris.M NHart Y Heard
Hegstrom Y Hembree Y Henson Y Holland

Holmes N Howard N Hudson N Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson,D.H N Johnson.E N Johnson.G N Johnson,J N Johnston N Jones
N Joyce NKaye N Kinnamon N Klein
NLadd N Lakly Y Lane,D E Lane.R N Lawrence Y Lawson
NLee N Lewis
YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B YMilam N Mills

Y Mobley.B Y Mobley,J N Moore N Mosley N Mueller Y Oliver
O'Neal Orrock
N Padgett Parham Parrish
N Patten E Pelote N Perry Y Pinholster
NPoag Y Polak N Porter
N Postal N Powell
N Purcell Randall
Y Randolph
YRay N Reaves Y Reichert Y Roberta N Royal
Y Scoggins Y Shanahan N Sherrill
N Shipp N Simpson
Sinkfield N Skandalakis Y Skipper

Y Smith.C N Smith.L Y Smith.P
Smith.T Y Smith,V N Smith,W
Smyre N Snow N Stancil,F N Stancil,S
Stanley ,L
Stanley,? Y Stephenson N Streat N Taylor
Teague YTeper N Thomas.C N Tillman N Titus N Towery Y Trense N Turnquest
Twiggs N Vaughan
Walker
Y Wall Y Watson N Watts N Westmorland
Y White N Williams,B N Williams.R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 59, nays 95. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Lane of the 55th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 728.

976

JOURNAL OF THE HOUSE,

HB 593. By Representatives Childers of the 13th, Skipper of the 137th, Walker of the 141st, Lee of the 94th and Groover of the 125th:
A bill to amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements of ambulance ser vices in the state, so as to delete the existing application fee and to add an annual license fee to be paid by all ambulance services in an amount to be set by the Board of Human Resources and to provide that the amount of said fee be deposited into the Indigent Care Trust Fund.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot
Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks,D Y Brooks,T
Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCoi N Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M E Dickinson NDix Y Dixon.H Y Dixon.S
Dobbs Dover NEhrhart YEpps Evans N Felton Y FloydJ.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond N Manner Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes
Y Howard Y Hudson Y Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G N Johnson,J N Johnston Y Jones N Joyce N Kaye Y Kinnamon
N Klein YLadd YLakly Y Lane,D E Lane.R N Lawrence N Lawson YLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B YMilam N Mills

Y Mobley.B Y Mobley,J N Moore Y Mosley N Mueller N Oliver Y O'Neal Y Orrock
Y Padgett YParham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak N Porter
YPoston Y Powell
Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith,C N Smith,L Y Smith,P Y Smith.T Y Smith,V N Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,? Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C YTillman Y Titus N Towery Y Trense Y Tumquest YTwiggs N Vaughan Walker YWall Y Watson Y Watts N Westmoreland Y White Y Williams,B Y Williams,R N Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 132, nays 30. The Bill, having received the requisite constitutional majority, was passed.

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 492 Do Pass, by Substitute SB 88 Do Pass, as Amended

WEDNESDAY, FEBRUARY 24, 1993

977

Respectfully submitted, /a/ Godbee of the 145th
Chairman

The Speaker assumed the Chair.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

978

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.
HB 280. By Representatives McKinney of the 51st and Martin of the 47th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be con sidered in determining whether a bidder is responsible.
By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.
HB 281. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to authorize such counties to take female business enterprise compliance into account in letting contracts.
Representative Smith of the 109th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 593.
Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 768 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remuneration for jury commissioners and the clerk of the board of jury com missioners.

WEDNESDAY, FEBRUARY 24, 1993

979

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to board of jury commissioners, so as to provide remuneration for jury com missioners and the clerk of the board of jury commissioners; to provide for local Acts providing for compensation of the clerk of the board of jury commissioners, except where compensation under such Act is less than the amounts provided by applicable law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to board of jury commissioners, is amended by striking Code Section 15-12-24, which reads as follows:
"15-12-24. Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service.", and inserting in lieu thereof a new Code Section 15-12-24 to read as follows:
"15-12-24. (a) Jury commissioners shall receive compensation in the amount of not less than $35.00 per diem for each day's service in compiling, revising, or maintaining the jury lists, to be paid from the county treasury.
(b) The clerk of the board of jury commissioners shall receive compensation in the amount of not less than $35.00 per diem for compiling, revising, or maintaining the jury lists, to be paid in the same manner as for jury commissioners.
(c) This Code section shall not be construed to affect any local legislation except where such local legislation provides payment of per diem compensation for remunera tion less than the amounts designated in subsection (b) of this Code section, nor shall this Code section be construed to reduce the salary of any clerk of the board of jury commissioners presently in office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Thomas of the 100th moves to amend the Committee substitute to HB 446 as follows:
On page 1, line 27 after the word "compensation" the following: as determined by the governing authority And on page 2, line 5, after the word "compensation" the following: as determined by the the governing authority.

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:

980

JOURNAL OF THE HOUSE,

NAshe Atkins
Y Bailey Y Baker
N Bannister Y Barfoot
Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks,T Y Brown YBuck Y Buckner NBunn N Burkhalter YByrd
Campbell Y Canty
Carlisle Carrell Y Carter Y Cauthorn Y Chambless N Chandler Y Channell Y Childers N Clark N Coker N Coleman,B Coleman.T

Y Colwell Connell
YCoi Y Crawford N Crews Y Culbreth Y Cummings
Y Davis,G N Davis.M E Dickinson NDiz N Diion.H
Y Dixon,S Y Dobbs
Dover N Ehrhart
Epps N Evans N Felton Y Floyd,J.M N Floyd,J.W
YGodbee Golden Good win
Y Greene Y Groover Y Hammond Y Banner Y Harris,B N Harris.M YHart
Heard Y Hegstrom N Hembree Y Henson
Holland

Holmes Howard
N Hudson N Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H N Johnson.E N Johnson,G Y Johnson,J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly Y Lane.D ELane,R N Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney.B NMilam N Mills

Y Mobley,B Y Mobley,J N Moore N Mosley N Mueller Y Oliver Y O'Neal
YOrrock Y Padgett
Parham Parrish Y Patten E Pelote Y Perry N Pinholster NPoag YPolak
Porter N Poston N Powell Y Purcell
Randall Y Randolph
Ray Reaves Y Reichert Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Simpson Sinkfield Y Skandalakis Y Skipper

Y Smith.C N Smith,L Y Smith.P
Smith,T Y Smith,V N Smith,W
Smyre YSnow
Y Stancil,F N Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery NTrense Y Turnquest N Twiggs N Vaughan
Walker Wall N Watson N Watts N Westmorland Y White Y Williams,B Williams.R N Yates Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 56. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Holland of the 157th 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 Atkins of the 29th 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 Davis of the 60th and Poston of the 3rd stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Thomas of the 100th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 446.

The Speaker assumed the Chair.

HB 490. By Representatives Martin of the 47th and Thomas of the 100th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to the possession and carrying of firearms, so as to add state court solicitors and investigators and certain corresponding personnel of certain city courts to the list of persons exempt from certain provisions of law.

WEDNESDAY, FEBRUARY 24, 1993

981

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 214. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment of motor vehicles, so as to change certain tire tread requirements for school buses.

The following amendment was read and adopted:

Representative Twiggs of the 8th moves to amend HB 214 as follows:
Add after "tires" on line 18 page 1:
"when there are at least four tires on the rear otherwise the tread on the rear tires shall be not less than 4/32 inch".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 476. By Representatives Powell of the 23rd and Bostick of the 165th:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, "The Driver Training School License Act," so as to provide that driver training instructor licenses shall be valid for two 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 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 486. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Thomas of the 100th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to authorize judicial consideration of victim impact state ments in cases in which life imprisonment or the death penalty may be imposed.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment, so as to change

982

JOURNAL OF THE HOUSE,

the provisions relating to victim impact statements and the consideration thereof; to authorize judicial consideration of certain evidence and testimony in cases in which life imprisonment or the death penalty may be imposed; to authorize, at the discretion of the court, certain evidence and testimony in the presence of the defendant and jury in cases in which life imprisonment must be imposed or the death penalty may be imposed; to pro vide for cross-examination and rebuttal; to provide for practices, procedures, and require ments; 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 procedure for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1.1, relating to judicial consid eration of victim impact statement in determining sentence and entering order of restitu tion, which reads as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, when a prosecuting attorney brings charges against a defendant, the prose cuting attorney shall notify any victim of a defendant's alleged offense that the victim may submit a victim impact statement if:
(A) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or
(B) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentenc ing, or determination of restitution.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victim's family of his or her right under certain circumstances to submit a vic tim impact statement:
(A) Where the charge is a felony, if the defendant allegedly caused physical, psy chological, or, if restitution is sought, economic injury to the victim; or
(B) Where the charge is a misdemeanor, if the defendant allegedly caused seri ous physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentenc ing, or determination of restitution."
Section 2. Said article is further amended by striking in its entirety Code Section 17-10-1.2, relating to oral victim impact statements, and inserting in lieu thereof a new Code Section 17-10-1.2 to read as follows:
"17-10-1.2. (a) (1) Except in In all cases in which Mfe imprioonmcnt er the death penalty mast may be imposed, prior te the fixing ef the sentence as provided fer sub sequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-10-1 17-10-30, the courtj within its discretion, may allow ay victim or his representative whe elects te make an era! victim impact statement the opportunity te de so in the presence ef- the defendant before rendering the appropriate sentence and
ered in eases where; evidence from the family of the victim, or such other witness hav ing personal knowledge of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community. Such evi dence shall be given in the presence of the defendant and of the jury and shall be subject to cross-examination. The admissibility of such evidence shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to inflame or unduly prejudice the jury.

WEDNESDAY, FEBRUARY 24, 1993

983

{1}--The defendant, i committing a felony, caused physical, psychological, e* eeeaemie injwy te the victim; e*
(2) The defendant, committing a misdemeanor; caused scrioua physical injury e* death te the victim. In all cases other than those in which the death penalty may be imposed, prior to fixing of the sentence as provided for in Code Section 17-10-1 or the imposing of life imprisonment as mandated by law, and before rendering the appropriate sentence, including any order of restitution, the court, within its discre tion, may allow evidence from the victim, the family of the victim, or such other wit ness having personal knowledge of the impact of the crime on the victim, the family of the victim, or community. Such evidence shall be given in the presence of the defendant and shall be subject to cross-examination. (b) In making an era! statement presenting such evidence, the victim^ the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the victim's family, or the community shall, if applicable:
(1) Describe the nature of the offense; (2) Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought as result ef- the offcnsc; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Include any other information related to the impact of the offense upon the victinij the victim's family, or the community that the court inquires of. (c) The eeart shall, at the manner prescribed by rale ef court, aHew the defendant te have the opportunity te rehat the victim's eral statements. The court shall allow the defendant the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in paragraph (1) of subsection (a) of this Code section. (d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person."
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:

N Ashe Y Atkins Y Bailey Y Baker N Bannister
Y Barfoot Y Bargeron Y Barnes N Bates
Benetield Y Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown

YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carlisle N Carrell
Carter N Cauthorn N Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker

Y Coleman.B Y Coleman.T Y Colwell Y Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M E Dickinson
YDU Y Diion,H Y Diion,S Y Dobbs Y Dover

Y Ehrhart NEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin N Greene N Groover N Hammond Y Manner Y Harris,B
Y Harris.M NHart N Heard

Y Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard N Hudson Y Hughes N Hugley N James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston

984

JOURNAL OF THE HOUSE,

N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly E Lane,B Y Lane,D Y Lawrence Y Lawson Y Lee Y Lewis YLord
N Lucas Y Maddox EMann N Martin Y McBee

Y McClinton N McKinney Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller N Oliver Y O'Neal Y Orrock Y Padgett
Parham Parrish Y Patten E Pelote Y Perry
Y Pinholster

YPoag YPolak
Y Porter N Poston Y Powell Y Purcell NRandall Y Randolph
YRay Y Reaves
N Reichert N Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp N Simpson N Sinkfield

Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil,F Y StancilS Y Stanley,L
Stanley,? N Stephenson Y Streat N Taylor N Teague NTeper

Y Thomas Y Tillman Y Titus
Y Towery YTrense Y Tumquest YTwiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams,B
Williams.R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Benefield of the 96th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Coleman of the 142nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 51.

Representative Johnson of the 148th arose to a point of personal privilege and addressed the House.

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 362 Do Pass, by Substitute
Respectfully submitted, fa/ Lane of the 55th
Chairman

Representative Groover of the 125th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 25, 1993

985

Representative Hall, Atlanta, Georgia Thursday, February 25, 1993

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 Eugene C. Cochran, Pastor, Byron and Jordan Chapel United Methodist Churches, Byron, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 886. By Representative Groover of the 125th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the establishment by the Commissioner of Insurance of premium rates to be charged by title insurers.
Referred to the Committee on Judiciary.
HB 887. By Representative Childers of the 13th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the establish ment of a schedule of charges for anesthesiologist services and prohibit the collection of certain charges in excess of those in the schedule.
Referred to the Committee on Health & Ecology.

986

JOURNAL OF THE HOUSE,

HB 888. By Representative Smith of the 109th: A bill to provide a new charter for the City of Flovilla.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 889. By Representative Childers of the 13th:
A bill to amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to provide for a quarterly assessment to be paid by home health agencies to be deposited in the Indigent Care Trust Fund; to provide for collection of such assessment by the Department of Medical Assistance.
Referred to the Committee on Appropriations.

HB 890. By Representative Bostick of the 165th:
A bill to amend Code Section 2-3-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Agrirama Development Author ity and the designation of the Georgia Agrirama as the State Museum of Agriculture, so as to further designate the Georgia Agrirama as "Georgia's Living History Museum".
Referred to the Committee on State Institutions & Property.

HB 891. By Representative Barnes of the 33rd:
A bill to amend Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, so as to provide for legislative findings and intent; to provide for the right for a party paying cer tain federal manufacturer's taxes under contract to have an option to time those payments to immediately precede the other party's requirements to remit such taxes to the Internal Revenue Service.
Referred to the Committee on Ways & Means.

HB 892. By Representatives Stanley of the 50th, Stanley of the 49th and Davis of the 48th:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Public Assistance Act of 1965," so as to provide that the Department of Human Resources shall initiate a pilot pro gram for the electronic transfer of the cash equivalent of food stamps to recipients.
Referred to the Committee on Appropriations.

HB 893. By Representative Childers of the 13th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Anno tated, relating to disability retirement under the Teachers Retirement Sys tem of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, not withstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.
Referred to the Committee on Retirement.

THURSDAY, FEBRUARY 25, 1993

987

HB 894. By Representative Childers of the 13th: A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and cardiac technicians.
Referred to the Committee on Health & Ecology.
HB 895. By Representative Williams of the 114th:
A bill to amend Code Section 33-10-13 of the Official Code of Georgia Anno tated, relating to the valuation of reserves for life insurance policies, so as to provide for the submission of an opinion of a qualified actuary regarding reserves and related actuarial items.
Referred to the Committee on Insurance.
HB 896. By Representative Skipper of the 137th: A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to the violation of ordinances of counties and state authorities, so as to increase the maximum allowable fine.
Referred to the Committee on Special Judiciary.
HB 897. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Chandler of the 99th, Hembree of the 98th and others:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the presidential preference primary, so as to change certain provisions regarding the date on which such primary is to be conducted.
Referred to the Committee on Governmental Affairs.
HB 902. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th, Bargeron of the 120th, Stephenson of the 25th and others:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service and payments required to obtain credit, so as to change the provisions relating to when an individual shall be entitled to purchase certain military service credit.
Referred to the Committee on Retirement.
HB 903. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Anno tated, relating to open and public meetings of governmental bodies, so as to repeal the provisions relating to criminal penalties.
Referred to the Committee on Judiciary.
HB 904. By Representatives Byrd of the 170th, Dover of the 9th, Stanley of the 50th, Turnquest of the 73rd, Hegstrom of the 66th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for lay midwifery; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to pro vide that parents have a right to give birth where and with whom they choose; to provide that the practice of lay midwifery will not constitute the practice of certain other professions.
Referred to the Committee on Health & Ecology.

988

JOURNAL OF THE HOUSE,

HR 347. By Representatives Clark of the 40th, Coker of the 31st, Klein of the 39th, Atkins of the 29th, Shipp of the 38th and others:
A resolution urging the Board of Regents to expand graduate level programs in education at Kennesaw State College.
Referred to the Committee on University System of Georgia.

HR 348. By Representatives Buckner of the 95th, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Bailey of the 93rd:
A resolution supporting development of the Jester's Creek Bicycle Trail in Clayton County.
Referred to the Committee on Game, Fish & Parks.

HR 350. By Representatives Connell of the 115th and Lee of the 94th: A resolution amending the Rules of the House of Representatives.
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 872 HB 873 HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 883 HB 884

HB 885 HB 898 HB 899 HB 900 HB 901 HR 339 SB 15 SB 197 SB 201 SB 225 SB 275 SB 285

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 262 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 25, 1993

989

Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 719 Do Pass HB 826 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 190 Do Pass, by Substitute HB 659 Do Pass

HB 686 Do Pass HB 792 Do Pass, by Substitute

Respectfully submitted,
/s/ Thomas of the 100th Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 764 Do Pass HB 690 Do Pass, as Amended

HB 838 Do Pass HB 882 Do Pass

Respectfully submitted, M Twiggs of the 8th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 712 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

990

JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 280 Do Pass HB 281 Do Pass
HB 607 Do Pass HB 657 Do Pass HB 743 Do Pass
HB 830 Do Pass HB 831 Do Pass

HB 855 Do Pass HB 867 Do Pass HB 868 Do Pass HB 869 Do Pass HB 871 Do Pass SB 195 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 25, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:
HB 21 Driver's license susp; proof of ins; restricted driving permit HB 49 Public employees; complaints or information concerning fraud HB 83 Local Government Efficiency 2000 Act; enact HB 84 Municipal corporations; automatic termination; lack of services HB 140 Torts; roller skating center; liability HB 205 Sheriffs; change qualifications HB 213 Motor vehicle racetracks; licensing; Safety Fire Commissioner HB 246 Public records; prohibit access for commercial solicitation HB 290 Driver's license; exempt certain persons from requirements HB 341 Perishable Agricultural Commodity Act; enact HB 415 Homicide; assisted suicide; prohibit HB 547 Ad valorem tax; certain construction equipment; nonresidents HB 737 Public school contracts; local boards; certain banks HB 741 Accident and sickness ins; certain anti-cancer drug therapy;
coverage HB 753 Community affairs; regional development centers; amend prov
HR 66 Joint Study Committee on Sludge; create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

THURSDAY, FEBRUARY 25, 1993

991

HB 607. By Representative Holmes of the 53rd:
A bill to amend Chapter 10 of Title 36 of the Official Code of Georgia Anno tated, relating to public works contracts, so as to provide for additional mat ters which may be considered with respect to the determination of whether a bidder is responsible in 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.

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

HB 657. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.

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

HB 743. By Representatives Bordeaux of the 151st, Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to the designa tion of the chief judge.

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

HB 830. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act creating the Clayton County board of commissioners, so as to change the composition of districts from which members of the Clayton County board of commissioners are elected.

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

HB 831. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act changing the composition of and manner of selection of the Clayton County board of education, so as to change the composition of districts from which members of the Clayton County board of education are elected.

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

992

JOURNAL OF THE HOUSE,

HB 853. By Representative Godbee of the 145th:
A bill to amend an Act providing a new charter for the City of Millen, 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.

HB 867. By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and provide for their election and defining the duties of said commis sioners, so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.

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

HB 868. By Representatives Westmorland of the 104th and Lakly of the 105th:
A bill to amend an Act creating and incorporating Peachtree City, 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.

HB 869. By Representative Mosley of the 171st:
A bill to amend an Act placing the sheriff of Long County on an annual sal ary in lieu of the fee system of compensation, so as to change the provisions relating to the deputy sheriffs of the sheriff.

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

HB 871. By Representatives Hembree of the 98th and Chandler of the 99th:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.

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

SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and others:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 25, 1993

993

A BILL
To provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $50,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemp tion and the procedures relating thereto; to provide for applicability; to provide for a refer endum, 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 Cobb County, except for taxes to pay interest on and to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
(3) "Income" means federal adjusted gross income, as defined in the Internal Rev enue Code of 1986, as amended, from all sources.
(4) "Senior citizen" means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made.
Section 2. (a) Each resident of Cobb County who is a senior citizen is granted an exemption on that person's homestead from all Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $50,000.00 for the immediately preceding taxable year.
(b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Cobb County giving the person's age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
Section 3. The tax commissioner of Cobb 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 initial and continuing eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be nec essary to make application and file such affidavit thereafter for any year and the exemp tion shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Cobb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Cobb 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

994

JOURNAL OF THE HOUSE,

other homestead exemption applicable to Cobb County ad valorem taxes for county pur poses.

Section 6. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1, 1995.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cobb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cobb County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1994, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal
to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately pre ceding the taxable year in which such exemption is first granted to a resi
dent for certain residents of Cobb County who are 62 years of age or over and who have annual incomes not exceeding $50,000.00?"

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, Sections 1 through 6 shall become of full force and effect on January 1, 1995. If the Act is 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 Cobb County. It shall be the election 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.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron
Y Barnes Bates Benefield Birdsong Bordeaux
Y Bostick YBreedlove

YBrooks,D Y Brooks.T
Brown Y Buck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn

Y Chambless Y Chandler
Channel! Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth

Y Cummings Davis,G
Y Davis.M E Dickinson Y Din Y Dixon,H Y Dixon.S
Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M

Y Floyd,J.W Y Godbee
Golden Goodwin Y Greene Y Groover Y Hammond
Y Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree

THURSDAY, FEBRUARY 25, 1993

995

Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins Y Johnson.D.H
Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly

Y Lane,D E Lane.R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox E Mann Martin
Y McBee Y McClinton Y McKinney.B YMilam Y Mills
Y Mobley.B Y Mobley,J
Moore Y Mosley
Mueller Y Oliver

O'Neal Orrock Y Padgett YParham Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal

Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfleld Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P Smith.T Y Smith,V Y Smith.W Smyre YSnow
Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,?
Y Stephenson Y Streat

Y Taylor Teague
YTeper Y Thomas,C YTillman Y Titus Y Towery
Trense Turnquest YTwiggs Y Vaughan Y Walker Wall Y Watson Y Watts Y Westmorland White Y WiUiams.B Y Williams.R Y Yates YYeargin Murphy,Spkr

On the passage of the Bills, the ayes were 139, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

HB 280. By Representatives McKinney of the 51st and Martin of the 47th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to provide for factors that may be con sidered in determining whether a bidder is responsible.

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

HB 281. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to authorize such counties to take female business enterprise compliance into account in letting contracts.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield

Y Birdsong Bordeaux
Y Bostick N Breedlove N Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn

N Burkhalter Byrd
N Campbell Canty
Y Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler

N Channel! Y Childers N Clark N Coker N Coleman.B
Coleman.T Colwell Y Connell YCox N Crawford

N Crews Y Culbreth Y Cummings
Davis.G N Davis.M E Dickinson
NDix Y Dixon,H Y Dixon,S Y Dobbs

996
Y Dover N Ehrhart Y Epps N Evans N Felton
FloydJ.M YFloyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner
Harris.B N Harris,M YHart Y Heard Y Hegstrom
Hembree Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes

JOURNAL OF THE HOUSE,

Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H NJohnson,E NJohnson.G N Johnson,J N Johnston Y Jones Y Joyce N Kaye Y Kinnamon Y Klein N Ladd N Lakly YLane.D E Lane.R N Lawrence N Lawson Y Lee Y Lewis
Lord Lucas N Maddox E Mann

Martin Y McBee Y McClinton Y McKinney,B
Milam Y Mills Y Mobley,B Y Mobley,J N Moore
Mosley N Mueller Y Oliver
O'Neal Orrock Y Padgett Y Parham Parrish Y Patten E Pelote Y Perry N Pinholster Y Poag Y Polak Y Porter Y Poston N Powell

Y Purcell Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis
Skipper Y Smith.C
Smith.L Y Smith,? Y Smith,T N Smith.V
Smith.W Y Smyre Y Snow Y Stancil,F N StanciLS

Y Stanley,!, Y Stanley,? Y Stephenson
Street Y Taylor
Teague Y Teper Y Thomas,C
Tillman Y Titus
Towery N Trense
Turnquest Y Twiggs N Vaughan Y Walker
Wall Y Watson Y Watts N Westmorland
White N Williams,B N Williams,R N Yates N Yeargin
Murphy,Spkr

On the passage of the Bills, the ayes were 96, nays 44. The Bills, having received the requisite constitutional majority, were passed.

Representatives Cauthorn of the 35th, Chambless of the 163rd and Barnes of the 33rd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 254. By Senators Cheeks of the 23rd and Pollard of the 24th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, as amended, so as to change the provisions relating to such supplement; to provide an effective date.

SB 258. By Senators Dawkins of the 45th and Crotts of the 17th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Cir cuit; to provide an effective date.

SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to increase the salary for the members of the board of education.

THURSDAY, FEBRUARY 25, 1993

997

SB 105. By Senators Scott of the 36th, Henson of the 55th, Thomas of the 10th and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide a short title; to provide for legislative intent; to provide certain definitions; to provide for certain permitted charges in connection with nonpurchase money loans secured by security deeds or other security instruments on residential real estate; to pro vide for the allowable rate of interest to be charged for such loans.

HB 701. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for additional powers, duties, and authority of the mayor and council with respect to cable television systems and services.

HB 744. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to provide for a referendum election in the City of LaGrange at which the voters of the City of LaGrange shall be given choices relating to the composi tion and selection of the members of the governing authority.

HB 745. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a homestead exemption from Wayne County ad valorem taxes for county purposes and from Wayne County School District ad valo rem taxes for educational purposes for certain residents of that county and school district.

HB 756. By Representatives Walker of the 141st, Floyd of the 138th, Watson of the 139th and Ray of the 128th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to change provisions relating to the place for holding the regu lar monthly meeting in the City of Perry.

HB 775. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to delete certain provisions relating to the conducting of elections, time of election, absentee voting, and election rules.

SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Anno tated, relating to proceedings of state agencies excluded from the require ments of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting.

998

JOURNAL OF THE HOUSE,

SB 92. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-6-2 of the Official Code of Georgia Anno tated, relating to the authority of the department, counties, and municipali ties to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unat tended, abandoned, or distressed motor vehicles from any portion of the state highway system.

SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical exam iner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.

SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the licensing requirements and exceptions thereto; to change the provisions relating to legislative construction.

SB 222. By Senators Robinson of the 16th, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of cigarettes, so as to change the definition of "minor"; to change a certain penalty; to increase the size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed.

SB 230. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Code Section 33-24-26 of the Official Code of Georgia Anno tated, relating to the cancellation or nonrenewal of certain property insur ance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.

SB 237. By Senator Garner of the 30th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide that under certain conditions an amount not exceeding 25 percent of money forfeited or realized from the disposition of forfeited prop erty shall be paid to a person, other than a law enforcement officer, who fur nishes information which leads to the seizure of property.

THURSDAY, FEBRUARY 25, 1993

999

SB 271. By Senators Gillis of the 20th, Oliver of the 42nd and Hill of the 4th:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the Secretary of State, so as to provide for a Georgia His torical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 9. By Senators Garner of the 30th, Robinson of the 16th and Dawkins of the 45th:
A resolution requesting development of a multiyear plan to reduce personnel expense in state government.

SR 173. By Senators Henson of the 55th, Oliver of the 42nd, Edge of the 28th and others:
A resolution relating to global warming and air pollution.

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

HB 548. By Representative Dixon of the 168th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.

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

SB 64. By Senators Clay of the 37th, Newbill of the 56th, Isakson of the 21st and others:
A bill to amend Code Section 50-14-3 of the Official Code of Georgia Anno tated, relating to proceedings of state agencies excluded from the require ments of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting.
Referred to the Committee on Judiciary.

SB 92. By Senators Coleman of the 1st and Thompson of the 33rd:
A bill to amend Code Section 32-6-2 of the Official Code of Georgia Anno tated, relating to the authority of the department, counties, and municipali ties to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unat tended, abandoned, or distressed motor vehicles from any portion of the state highway system.
Referred to the Committee on Transportation.

1000

JOURNAL OF THE HOUSE,

SB 99. By Senator Newbill of the 56th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to redefine "autopsy" and "limited dissection"; to provide that tissues may be retained for additional studies; to provide that the county medical exam iner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission.
Referred to the Committee on Health & Ecology.

SB 105. By Senators Scott of the 36th, Henson of the 55th, Thomas of the 10th and others:
A bill to amend Chapter 4 of Title 7 of the Official Code of Georgia Anno tated, relating to interest and usury, so as to provide a short title; to provide for legislative intent; to provide certain definitions; to provide for certain permitted charges in connection with nonpurchase money loans secured by security deeds or other security instruments on residential real estate; to pro vide for the allowable rate of interest to be charged for such loans.
Referred to the Committee on Banks & Banking.

SB 137. By Senators Henson of the 55th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the licensing requirements and exceptions thereto; to change the provisions relating to legislative construction.
Referred to the Committee on Judiciary.

SB 222. By Senators Robinson of the 16th, Marable of the 52nd, Hill of the 4th and others:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to or possession by minors of cigarettes, so as to change the definition of "minor"; to change a certain penalty; to increase the size of print for notices regarding illegal sales and change the age on such notices; to restrict locations for vending machines; to restrict locations where free samples may be distributed.
Referred to the Committee on Industry.

SB 230. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Code Section 33-24-26 of the Official Code of Georgia Anno tated, relating to the cancellation or nonrenewal of certain property insur ance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.
Referred to the Committee on Insurance.

THURSDAY, FEBRUARY 25, 1993

1001

SB 237. By Senator Garner of the 30th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to provide that under certain conditions an amount not exceeding 25 percent of money forfeited or realized from the disposition of forfeited prop erty shall be paid to a person, other than a law enforcement officer, who fur nishes information which leads to the seizure of property.
Referred to the Committee on Public Safety.

SB 254. By Senators Cheeks of the 23rd and Pollard of the 24th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, as amended, so as to change the provisions relating to such supplement; to provide an effective date.
Referred to the Committee on Judiciary.

SB 258. By Senators Dawkins of the 45th and Crotts of the 17th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Cir cuit; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 271. By Senators Gillis of the 20th, Oliver of the 42nd and Hill of the 4th:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the Secretary of State, so as to provide for a Georgia His torical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants.
Referred to the Committee on State Planning & Community Affairs.

SB 298. By Senators Balfour of the 9th, Day of the 48th, Tysinger of the 41st and others:
A bill to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, as amended, so as to increase the salary for the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 9. By Senators Garner of the 30th, Robinson of the 16th and Dawkins of the 45th:
A resolution requesting development of a multiyear plan to reduce personnel expense in state government.
Referred to the Committee on Appropriations.

SR 173. By Senators Henson of the 55th, Oliver of the 42nd, Edge of the 28th and others:
A resolution relating to global warming and air pollution.
Referred to the Committee on Natural Resources & Environment.

1002

JOURNAL OF THE HOUSE,

Representative Thomas of the 100th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remuneration for jury commissioners and the clerk of the board of jury com missioners.

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

NAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron YBarnes
Bates N Benefield
Birdsong Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks,T Y Brown YBuck Y Buckner Bunn N Burkhalter Byrd Y Campbell
Canty Y Carlisle
Carrell Y Carter Y Cauthorn N Chambleus Y Chandler
Channel! Y Childers N Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell
Y Connell YCox Y Crawford N Crews
Y Culbreth Y Cummings
Davis,G Y Davis,M
E Dickinson NDix Y Dixon.H Y Dixon,S
YDobbs Y Dover N Ehrhart
YEpps N Evans N Felton
Y Floyd,J.M Y FloydJ.W Y Godbee
Golden Goodwin Y Greene Y Groover Y Hammond Y Manner
Harris.B N Harris.M
YHart Y Heard Y Hegstrom
Hembree YHenson N Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H N Johnson,E N Johnson,G N Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
NLadd NLakly YLane,D ELane.R N Lawrence Y Lawson YLee N Lewis
Lord Lucas N Maddox EMann Y Martin
YMcBee Y McClinton
McKinney.B Milam
N Mills

Y Mobley,B
Y Mobley,J N Moore N Mosley Y Mueller Y Oliver
O'Neal Orrock
Y Padgett YParham Y Parrish Y Patten E Pelote Y Perry N Pinholster YPoag YPolak Y Porter YPoston N Powell YPurcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins YShanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

N Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V
Smith,W Smyre YSnow Y Stancil,F N Stancil,S Y Stanley,L Y Stanley,? N Stephenson Streat Y Taylor Teague YTeper Y Thomas,C YTillman Y Titus Towery NTrense Turnquest Y Twiggs Y Vaughan Y Walker Wall Y Watson Y Watts N Westmorland White Y Williams.B Y WiUiams,R N Yates Y Yeargin Murphy,Spkr

On the motion, the ayes were 108, nays 36. The motion prevailed.

Representative Lane of the 55th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 728. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exercise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended.

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

THURSDAY, FEBRUARY 25, 1993

NAshe N Atkins N Bailey Y Baker N Bannister Y Barfoot
Bargeron Y Barnes Y Bates N Benefield
Birdsong Bordeaux Y Bostick N Breedlove Y Brooks.D
Y Brooks,T Y Brown NBuck N Buckner
Bunn N Burkhalter
Byrd
Campbell Canty N Carlisle Y Carrell Y Carter N Cauthorn N Chambless Y Chandler Channell Y Guilders N Clark N Coker N Coleman.B Coleman.T

Colwell Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson NDi* Y Duon.H Y Dison.S
Dobbs
Y Dover N Ehrhart YEpps N Evans Y Pelton Y Floyd,J.M Y Floyd,J.W YGodbee
Golden Goodwin Y Greene N Groover N Hammond Y Manner Y Harris,B N Harris.M
YHart Y Heard Y Hegstrom
Hembree Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
James Y Jamieson Y Jenkins
Johnson,D.H N Johnson.E N Johnson.G N Johnson,J N Johnston N Jones N Joyce
NKaye N Kinnamon N Klein NLadd NLakly YLane.D ELane,R N Lawrence Y Lawson NLee N Lewis
Lord N Lucas N Maddoi E Mann Y Martin Y McBee Y McClinton
McKinney,B Y Milam N Mills

Y Mobley,B Y Mobley,J N Moore N Mosley N Mueller N Oliver
O'Neal Orrock N Padgett YParham Y Parrish Patten E Pelote N Perry N Pinholster
NPoag Y Polak
Porter
YPoston N Powell Y Purcell YRandall Y Randolph
Ray Y Reaves N Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill N Shipp
Simpson Y Sinkfleld N Skandalakis Y Skipper

On the motion, the ayes were 73, nays 66. The motion prevailed.

1003
Y Smith.C N Smith,L Y Smith.P Y Smith.T N Smith,V N Smith,W
Smyre NSnow Y Stancil,F N Stancil.S Y Stanley,L Y Stanley,P Y Stephenson
Streat Y Taylor
Teague YTeper Y Thomas,C
Tillman N Titus
Towery N Trense
Turnquest Twiggs N Vaughan Y Walker Wall N Watson N Watts N Westmorland White N Williams,B N Williams.R NYates Yeargin Murphy,Spkr

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

HB 246. By Representative Connell of the 115th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Anno tated, relating to inspection of public records, so as 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.

The following Committee substitute was read and adopted:

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 no public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; to repeal subsection (g) of said Code section; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by striking in its entirety subsection (d) of Code Section 50-18-70, which reads as follows:

1004

JOURNAL OF THE HOUSE,

"(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 state ment agreeing not to use information gathered pursuant to said request for commercial purposes. Commercial purposes shall not include news-gathering requests for informa tion or legitimate research for educational, scientific, or public purposes. No public offi cer 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.",
and inserting in its place the following: "(d) No public officer or agency shall be required to prepare reports, summaries, or
compilations not in existence at the time of the request."
Section 2. Said Code section is further amended by striking subsection (g), which reads as follows:
"(g) 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.", in its entirety.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown
YBuck Y Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle YCarrell Y Carter Y Cauthorn Y Chambless
Chandler Channel! Y Childers Y Clark

Y Coker Y Coleman.B
Y Coleman,T Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davi,G Y Davi,M E Dickinson
YDix Y Dixon,H Y Diion,S YDobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton
Y FloydJ-M Y Floyd,J.W
YGodbee Y Golden
YGoodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris.B
Y Harris,M

YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes
Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins
Y JohnsonJI.H Y Johnson,E Y Johnaon.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLaneJ) ELane.R Y Lawrence YLawson YLee Y Lewis
Lord

Y Lucas
Y Maddox E Mann
Martin Y McBee Y McClinton
McKinney,B Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
Y O'Neal Orrock
Y Padgett Parham
YParrish Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston
Powell YPurcell
Randall Y Randolph YRay

Y Reaves Reichert
Y Roberts
Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C
Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas.C
Tillman Y Titus Y Towery

THURSDAY, FEBRUARY 25, 1993

1005

Y Trense Turnquest
Y Twiggs

Y Vaughan Y Walker
Wall

Y Watson Y Watts Y Westmorland

White Y Williams.B Y Williams.R

Y Yates Y Yeargin
Murphy,Spkr

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

Representatives Jenkins of the 110th and Powell of the 23rd 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 341. By Representatives Carter of the 166th, Reaves of the 178th, Royal of the 164th, Purcell of the 147th, Groover of the 125th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agri cultural Commodity Act of Georgia"; to provide for definitions; to provide for applicabil ity; to provide for licensing and bonding; to provide for the prompt payment of fresh produce; to provide for assumption of ownership; to provide for certification of quality; to provide for the retention of records; to provide for enforcement, filing of claims, and pro hibited acts; to provide penalties; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking paragraphs (1) and (2) of Code Section 2-9-1, relating to definitions relating to dealers in agricultural products, and inserting in lieu thereof the following:
"(1) 'Agricultural products' includes fruits, vegetables, eggs; and pccana but does not include dairy products, cotton, tobacco, grains, fruits, vegetables, and pecans, and other basic farm crops.
(2) 'Dealer in agricultural products' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricul tural products purchased from the producer or his the producer's agent or representative or received on consignment from the producer or his the producer's agent or representa tive or received to be handled on a net return basis from the producer. The tens* 'dealer
uitumi pfoflucts^ &iso includes tiny person ouyiri^j selling processtfit or peea nuts, including ay and evefy kind and variety of peeaa nuts."
Section 2. Said title is further amended by adding a new Chapter 16 to read as fol lows:
"CHAPTER 16
2-16-1. This chapter shall be known and may be cited as the 'Perishable Agricultural Commodity Act of Georgia."

1006

JOURNAL OF THE HOUSE,

2-16-2. As used in this chapter, the term: (1) 'Cash buyer' means a person who buys for cash, paying at the time of assump
tion of ownership in United States currency, or by certified check, cashier's check, or United States Postal Service money order.
(2) 'Commissioner' means the Commissioner of Agriculture. (3) 'Dealer in fresh produce' means any person, whether itinerant or domiciled within this state, engaged in the business of purchasing, receiving, or soliciting fresh produce from a producer or the producer's agent or representative for resale or pro cessing for sale; acting as an agent for such producer in the sale of fresh produce for the account of the producer on a net return basis; or acting as a negotiating broker between the producer or the producer's agent or representative and the buyer.
(4) 'Department' means the Department of Agriculture of this state. (5) 'Fresh produce' means agricultural commodities generally considered a perish able vegetable, pecan, or fruit. 2-16-3. Every dealer in fresh produce shall be licensed annually by the department to transact business in this state. Cash buyers shall be subject to a certificate of registra tion with a fee of $5.00 to be issued by the department or its agent or to purchase from the department or its agent an annual license at $25.00 if the cash buyer will be buying actively throughout the growing season; provided, however, any cash buyer who does not purchase produce exceeding $500.00 per transaction shall not be subject to either the certificate of registration or the license provision of this Code section. All other dealers
shall make application and payment to the department for a license, as well as meeting other requirements provided by law, on an annual basis. The department shall provide by regulation a schedule of fees for licensing dealers in fresh produce which shall be
based upon volume and shall not exceed $400.00. For the purpose of defraying expenses for the regulation of this chapter, the Commissioner may assess and collect cost of fees
thereof with any surplus to be paid to the state treasury. The department shall also pro vide by regulation grounds for refusing issuance of a license to conduct business under this chapter. The application shall be on a form furnished by the Commissioner and,
together with such other information as the Commissioner shall require, shall state: (1) The kind or kinds of agricultural products the applicant proposes to handle;
(2) The full name or title and address of the applicant, or if the applicant is an association or copartnership, the name and address of each member of such associa
tion or copartnership, or if the applicant is a corporation, the name and address of each officer of the corporation;
(3) The names and addresses of the local agent or agents of the applicant, if any; and
(4) The cities and towns within which places of business of the applicant will be
located, together with the street or mailing address of each. 2-16-4. As a prerequisite for licensing, except for persons licensed as cash buyers, dealers in fresh produce shall make and deliver to the department a surety bond, certifi
cate of deposit, or other appropriate instrument in the amount of no less than $5,000.00; provided, however, the amount shall not exceed an amount capped at $100,000.00 or equal to the maximum amount of business done or estimated to be done in any month
by the applicant, as determined by the department, whichever is lower. 2-16-5. Prompt payment for fresh produce shall mean payment 20 days following
assumption of ownership by a dealer in fresh produce, unless explicitly stated otherwise
in a written contract agreed to by the producer and dealer; following under such terms, prompt payment shall be payment within 20 days from that point in time when pay
ment was expected under the contract, or a modified contract, agreeable to both parties following the assumption of ownership. Failure to abide by prompt payment provisions constitutes grounds for a penalty.
2-16-6. Unless otherwise stated by a written contract agreed to by the producer and the dealer, fresh produce which is harvested by a dealer, an agent or employee of a dealer, or an independent contractor retained by a dealer or which is delivered to a
dealer on the farm or at a facility of the producer or delivered to a facility of the dealer shall become the property of the dealer at the time of delivery and there shall be pre
sumed to be an assumption of ownership by the dealer in fresh produce at such time

THURSDAY, FEBRUARY 25, 1993

1007

of delivery. At that point, the dealer shall become obligated to make payment according to terms governing the transaction.
2-16-7. (a) At the time of assumption of ownership of the fresh produce by a dealer, the dealer shall issue a certificate of receipt and quality to the producer or the producer's agent. The certificate of receipt and quality shall contain information, includ ing but not limited to the:
(1) Name and address of the dealer; (2) Name and address of the producer; (3) Assumption of ownership date and time of receipt;
(4) Description of the fresh produce as to identity, quantity, quality, condition, and grade of the fresh produce;
(5) Price per unit of the fresh produce; and
(6) Terms of the transaction. (b) Terms governing the transaction as pertaining to quality, quantity, and price shall be presumed to be satisfied following the assumption of ownership, unless the dealer in fresh produce notifies the producer within 48 hours of the assumption of own ership or unless otherwise agreed to according to a written contract governing the trans action. Any modification relating to the quality shall require an inspection as set forth by regulations of the department. In the event terms of the original agreement are modi fied and such modifications are agreeable to both parties, the provision of prompt pay ment shall begin upon the date of this modified contract. 2-16-8. Dealers in fresh produce shall maintain records of each transaction, contain
ing no less than the information specified in the certificate of receipt and quality, and which shall be available to the department upon request. Such records shall be pre
served for a minimum of one year. 2-16-9. Terms of a written fresh produce contract, agreeable to both producer and
dealer, shall take priority as provisions specify in the written contract. However, any provision not specified shall be governed by general law and the provisions of this chap
ter. 2-16-10. (a) The department shall strictly enforce the provisions of this chapter and
may investigate through its own initiative or upon receipt of a verified complaint alleged
violations of this chapter. (b) Following an investigation, the department may certify the necessity of proceed
ing with a hearing process to settle allegations of a complaint or violation of this chap ter. Violations shall be punishable in the appropriate manner as provided by Code
Section 2-16-13. (c) The decision derived from such hearing process shall be final and binding upon
the party determined to be at fault. Furthermore, the party determined to be at fault
shall bear the incremental costs of conducting such hearing process. (d) The party deemed to be at fault shall have 15 days to comply with the decision
of such hearing process. Failure to comply shall be enforced by the filing of a suit, brought by either the department or the injured party against the party at fault, as well as an action against the surety bond, certificate of deposit, or other appropriate security
held by the department as a prerequisite to licensing, in a court of competent jurisdic tion.
2-16-11. (a) Following the provision of prompt payment, producers may file a claim
of violation of the provisions of this chapter or terms of the governing contract after the twentieth day of assumption of ownership or date of modified contract and before the
sixtieth day of the assumption of ownership or modified contract date. Such claim of violation shall be in writing detailing the transaction in question and specific allegations
of violation of this chapter or contract violation and shall be presented to the depart ment and the dealer in fresh produce.
(b) Upon receipt of a claim of violation, the department shall follow provisions of
enforcement as provided in this chapter. 2-16-12. Acts prohibited by this chapter shall include, but shall not be limited to, the
following: (1) Dealers in fresh produce shall not conduct business in this state without first
meeting licensing and bonding requirements as provided in this chapter;

1008

JOURNAL OF THE HOUSE,

(2) For any dealer in fresh produce to make any fraudulent charge with respect to any fresh produce;
(3) For any dealer in fresh produce to fail to meet provisions of prompt payment, as provided in this chapter;
(4) For any dealer in fresh produce to fail to provide a certificate of receipt and quality, as provided in this chapter;
(5) For any dealer in fresh produce to challenge or modify the agreement govern ing the transaction, after the assumption of ownership, if the fresh produce in ques tion has been discarded, dumped, or destroyed;
(6) For any party to file frivolous claims of violation of this chapter as deemed frivolous by the department;
(7) For any party to fail to abide by decisions of a hearing process as provided in this chapter; or
(8) For a dealer in fresh produce to sell, offer for sale, or possess any agricultural product that does not comply with the standards of quality established by the depart ment under authority of the law or with the laws and rules and regulations pertaining to such product. 2-16-13. Penalties provided for enforcement of this chapter shall include the follow ing:
(1) Violators of any general provision of this chapter shall be guilty of a misde meanor and fined up to $1,000.00;
(2) Failure to meet the provisions of prompt payment shall be subject to a fine equal to the lesser of 10 percent of the value of the transaction subject to such provi sions or $1,000.00. The fine may be levied only after the filing of a claim of violation has been filed with the department;
(3) Failure to abide by decisions of a hearing process shall be a misdemeanor of a high and aggravated nature;
(4) Following violations or failure to comply with enforcement activities by a dealer in fresh produce of provisions of this chapter, the department may:
(A) Revoke the license and thereby the dealer's right to conduct business in this state;
(B) Increase requirements of bonding as a prerequisite for subsequent bonding requirements;
(C) Levy appropriate fines as provided for in this chapter; or (D) Pursue or assist in the pursuit of the enforcement of this chapter by filing suit against the appropriate party with a court of competent jurisdiction; or (5) The department may also levy a fine for frivolous claims, as deemed frivolous by the department, which shall constitute a misdemeanor and shall be punishable by a fine up to $500.00. 2-16-14. The department shall adopt and enforce rules and regulations deemed nec essary to carry out this chapter. 2-16-15. This chapter shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; or (2) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act.' 2-16-16. Cash buyers, as defined in paragraph (1) of Code Section 2-16-2, who are licensed by the department pursuant to Code Sections 2-16-3 and 2-16-4, shall not be subject to any provisions of this chapter, except that any violation of the payment at the point of assuming ownership shall result in the revocation of such cash buyer's license."
Section 3. This Act shall become effective on January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Carter of the 166th, was read:

THURSDAY, FEBRUARY 25, 1993

1009

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agri cultural Commodity Act of Georgia"; to provide for definitions; to provide for applicabil ity; to provide for licensing and bonding; to provide for the prompt payment of fresh produce; to provide for assumption of ownership; to provide for certification of quality; to provide for the retention of records; to provide for enforcement, filing of claims, and pro hibited acts; to provide penalties; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking paragraphs (1) and (2) of Code Section 2-9-1, relating to definitions relating to dealers in agricultural products, and inserting in lieu thereof the following:
"(1) 'Agricultural products' includes fruits, vegetables, eggs? and peeas but does not include day products, cotton, tobacco, grains, fruits, vegetables, and pecans, and other basic farm crops.
(2) 'Dealer in agricultural products' means any person, association, itinerant dealer, partnership, or corporation engaged in the business of buying, receiving, selling, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any agricul tural products purchased from the producer or his the producer's agent or representative or received on consignment from the producer or his the producer's agent or representa tive or received to be handled on a net return basis from the producer. The term 'dealer agricultural products' atee includes any person buying, selling, processing, er shelling peea nuts, including any ta*& every kind and variety ef peeaa nuts."
Section 2. Said title is further amended by adding a new Chapter 16 to read as fol lows:
"CHAPTER 16
2-16-1. This chapter shall be known and may be cited as the 'Perishable Agricultural Commodity Act of Georgia.'
2-16-2. As used in this chapter, the term: (1) 'Cash buyer' means a person who buys for cash, paying at the time of assump
tion of ownership in United States currency, or by certified check, cashier's check, or United States Postal Service money order.
(2) 'Commissioner' means the Commissioner of Agriculture. (3) 'Dealer in fresh produce' means any person, whether itinerant or domiciled within this state, engaged in the business of purchasing, receiving, or soliciting fresh produce from a producer or the producer's agent or representative for resale or pro cessing for sale; acting as an agent for such producer in the sale of fresh produce for the account of the producer on a net return basis; or acting as a negotiating broker between the producer or the producer's agent or representative and the buyer. (4) 'Department* means the Department of Agriculture of this state. (5) 'Fresh produce' means agricultural commodities generally considered a perish able vegetable, pecan, or fruit. 2-16-3. Every dealer in fresh produce shall be licensed annually by the department to transact business in this state. Cash buyers shall be subject to a certificate of registra tion but shall not be subject to fees for such certificate. All other dealers shall make application and payment to the department for a license, as well as meeting other requirements provided by law, on an annual basis. The department shall provide by reg ulation a schedule of fees for licensing dealers in fresh produce which shall be based upon volume and shall not exceed $400.00. The department shall also provide by regula tion grounds for refusing issuance of a license to conduct business under this chapter. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:

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JOURNAL OF THE HOUSE,

(1) The kind or kinds of agricultural products the applicant proposes to handle; (2) The full name or title and address of the applicant, or if the applicant is an association or copartnership, the name and address of each member of such associa tion or copartnership, or if the applicant is a corporation, the name and address of each officer of the corporation; (3) The names and addresses of the local agent or agents of the applicant, if any; and (4) The cities and towns within which places of business of the applicant will be located, together with the street or mailing address of each. 2-16-4. As a prerequisite for licensing, except for persons certified as cash buyers, dealers in fresh produce shall make and deliver to the department a surety bond, certifi cate of deposit, or other appropriate instrument in the amount of no less than $5,000.00; provided, however, the amount shall not exceed an amount capped at $100,000.00 or equal to the maximum amount of business done or estimated to be done in any month by the applicant, as determined by the department, whichever is lower. 2-16-5. Prompt payment for fresh produce shall mean payment 20 days following assumption of ownership by a dealer in fresh produce, unless explicitly stated otherwise in a written contract agreed to by the producer and dealer; following under such terms, prompt payment shall be payment within 20 days from that point in time when pay ment was expected under the contract, or a modified contract, agreeable to both parties following the assumption of ownership. Failure to abide by prompt payment provisions constitutes grounds for a penalty. 2-16-6. Unless otherwise stated by a written contract agreed to by the producer and the dealer, fresh produce which is harvested by a dealer, an agent or employee of a dealer, or an independent contractor retained by a dealer or which is delivered to a dealer on the farm or at a facility of the producer or delivered to a facility of the dealer shall become the property of the dealer at the time of delivery and there shall be pre sumed to be an assumption of ownership by the dealer in fresh produce at such time of delivery. At that point, the dealer shall become obligated to make payment according to terms governing the transaction. 2-16-7. (a) At the time of assumption of ownership of the fresh produce by a dealer, the dealer shall issue a certificate of receipt and quality to the producer or the producer's agent. The certificate of receipt and quality shall contain information, includ ing but not limited to the: (1) Name and address of the dealer; (2) Name and address of the producer; (3) Assumption of ownership date and time of receipt; (4) Description of the fresh produce as to identity, quantity, quality, condition, and grade of the fresh produce;
(5) Price per unit of the fresh produce; and
(6) Terms of the transaction.
(b) Terms governing the transaction as pertaining to quality, quantity, and price shall be presumed to be satisfied following the assumption of ownership, unless the dealer in fresh produce notifies the producer within 48 hours of the assumption of own ership or unless otherwise agreed to according to a written contract governing the trans action. Any modification relating to the quality shall require an inspection as set forth by regulations of the department. In the event terms of the original agreement are modi fied and such modifications are agreeable to both parties, the provision of prompt pay ment shall begin upon the date of this modified contract.
2-16-8. Dealers in fresh produce shall maintain records of each transaction, contain ing no less than the information specified in the certificate of receipt and quality, and which shall be available to the department upon request. Such records shall be pre served for a minimum of one year.
2-16-9. Terms of a written fresh produce contract, agreeable to both producer and dealer, shall take priority as provisions specify in the written contract. However, any provision not specified shall be governed by general law and the provisions of this chap ter.

THURSDAY, FEBRUARY 25, 1993

1011

2-16-10. (a) The department shall strictly enforce the provisions of this chapter and may investigate through its own initiative or upon receipt of a verified complaint alleged violations of this chapter.
(b) Following an investigation, the department may certify the necessity of proceed ing with a hearing process to settle allegations of a complaint or violation of this chap ter. Violations shall be punishable in the appropriate manner as provided by Code Section 2-16-13.
(c) The decision derived from such hearing process shall be final and binding upon the party determined to be at fault. Furthermore, the party determined to be at fault shall bear the incremental costs of conducting such hearing process.
(d) The party deemed to be at fault shall have 15 days to comply with the decision of such hearing process. Failure to comply shall be enforced by the filing of a suit, brought by either the department or the injured party against the party at fault, as well as an action against the surety bond, certificate of deposit, or other appropriate security held by the department as a prerequisite to licensing, in a court of competent jurisdic tion.
2-16-11. (a) Following the provision of prompt payment, producers may file a claim
of violation of the provisions of this chapter or terms of the governing contract after the twentieth day of assumption of ownership or date of modified contract and before the
sixtieth day of the assumption of ownership or modified contract date. Such claim of violation shall be in writing detailing the transaction in question and specific allegations of violation of this chapter or contract violation and shall be presented to the depart
ment and the dealer in fresh produce. (b) Upon receipt of a claim of violation, the department shall follow provisions of
enforcement as provided in this chapter. 2-16-12. Acts prohibited by this chapter shall include, but shall not be limited to, the
following: (1) Dealers in fresh produce shall not conduct business in this state without first
meeting licensing and bonding requirements as provided in this chapter;
(2) For any dealer in fresh produce to make any fraudulent charge with respect to
any fresh produce; (3) For any dealer in fresh produce to fail to meet provisions of prompt payment,
as provided in this chapter; (4) For any dealer in fresh produce to fail to provide a certificate of receipt and
quality, as provided in this chapter; (5) For any dealer in fresh produce to challenge or modify the agreement govern
ing the transaction, after the assumption of ownership, if the fresh produce in ques
tion has been discarded, dumped, or destroyed; (6) For any party to file frivolous claims of violation of this chapter as deemed
frivolous by the department; (7) For any party to fail to abide by decisions of a hearing process as provided in
this chapter; or (8) For a dealer in fresh produce to sell, offer for sale, or possess any agricultural
product that does not comply with the standards of quality established by the depart ment under authority of the law or with the laws and rules and regulations pertaining
to such product. 2-16-13. Penalties provided for enforcement of this chapter shall include the follow
ing: (1) Violators of any general provision of this chapter shall be guilty of a misde
meanor and fined up to $1,000.00;
(2) Failure to meet the provisions of prompt payment shall be subject to a fine equal to the lesser of 10 percent of the value of the transaction subject to such provi sions or $1,000.00. The fine may be levied only after the filing of a claim of violation
has been filed with the department; (3) Failure to abide by decisions of a hearing process shall be a misdemeanor of
a high and aggravated nature; (4) Following violations or failure to comply with enforcement activities by a
dealer in fresh produce of provisions of this chapter, the department may:

1012

JOURNAL OF THE HOUSE,

(A) Revoke the license and thereby the dealer's right to conduct business in this state;
(B) Increase requirements of bonding as a prerequisite for subsequent bonding requirements;
(C) Levy appropriate fines as provided for in this chapter; or (D) Pursue or assist in the pursuit of the enforcement of this chapter by filing suit against the appropriate party with a court of competent jurisdiction; or (5) The department may also levy a fine for frivolous claims, as deemed frivolous by the department, which shall constitute a misdemeanor and shall be punishable by a fine up to $500.00. 2-16-14. The department shall adopt and enforce rules and regulations deemed nec essary to carry out this chapter. 2-16-15. This chapter shall not apply to: (1) Farmers or groups of farmers in the sale of agricultural products grown by themselves; or (2) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act.' 2-16-16. Cash buyers, as defined in paragraph (1) of Code Section 2-16-2, who are certified by the department pursuant to Code Sections 2-16-3 and 2-16-4, shall not be subject to any provisions of this chapter, except that any violation of the payment at the point of assuming ownership shall result in the revocation of such cash buyer's cer tificate of registration."
Section 3. This Act shall become effective on January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Holland of the 157th moves to amend the Floor substitute to HB 341 as follows:
On page 3 line 21 between the words "chapter." and "The" insert:
Provided a dealer who does not engage in any transaction in excess of $500.00 in value shall not be required to purchase a license, but shall be subject to a certificate of regis tration.

Representative Holland of the 157th moves to amend the Floor substitute to HB 341 as follows:
And on page 4 line 14 add:
"Provided a dealer who does not engage in any transaction in excess of $500.00 in value shall not be required to provide a bond."

Representative Holland of the 157th moves to amend the Floor substitute to HB 341 as follows:
On page 5 between line 17 and 18 insert:
Provided this paragraph (a) shall not apply to any dealer who does not engage in any transaction in excess of $500.00 in value.

Representative Holland of the 157th moves to amend the Floor substitute to HB 341 as follows:
On page 6 line 2 insert at the end of line 2:

THURSDAY, FEBRUARY 25, 1993

1013

Providing this section shall not apply to any dealer who does not engage in any trans action in excess of $500.00 in value.

Representative Floyd of the 138th moves to amend the Floor substitute to HB 341 as follows:
On page 3 line 19 change $400.00 to $300.00.

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:

N Ashe N Atkins Y Bailey Y Baker N Bannister N Barfoot Y Bargeron N Barnes N Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks.D N Brooks.T N Brown NBuck N Buckner
Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle Y Carrell Y Carter N Cauthorn
Chambless N Chandler Y Channel! Y Childers N Clark N Coker N Coleman,B
Coleman.T

Y Colwell Y Connell YCox N Crawford N Crews N Culbreth N Cummings N Davis.G Y Davis.M E Dickinson
NDix Y Dixon.H Y Dhton.S Y Dobbs Y Dover NEhrhart
YEpps N Evans
N Felton Y Floyd,J.M N Floyd,J.W YGodbee
N Golden Y Goodwin
Y Greene Y Groover
N Haromond Y Manner N Harris.B Y Harris,M
YHart Y Heard Y Hegstrom
N Hembree Y Henson N Holland

Y Holmes N Howard Y Hudson Y Hughes N Hugley N James Y Jamieson
Jenkins Johnson,D.H N Johnson,E N Johnson,G
N Johnson,J Y Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly
Lane.D E Lane,R N Lawrence N Lawson YLee N Lewis NLord Y Lucas N Maddox E Mann
Martin Y McBee Y McClinton
McKinney.B YMilam N Mills

N Mobley,B
N MobleyJ N Moore N Mosley N MueUer Y Oliver
O'Neal Y Orrock Y Padgett YParham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag NPolak
Porter N Poston N Powell Y Purcell NRandall Y Randolph
YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins Y Shanahan N Sherrill N Shipp Y Simpson N Sinkfield N Skandalakis Y Skipper

N Smith.C Y Smith,L
Y Smith,P N Smith,T N Smith,V Y Smith,W N Smyre YSnow Y Stancil,F N Stancil.S Y Stanley,L Y Stanley,P N Stephenson N Streat N Taylor N Teague Y Teper Y Thomas.C N Tillman Y Titus N Towery NTrense Y Turnquest Y Twiggs N Vaughan
Walker Wall Y Watson Y Watts N Westmorland White N Williams,B N Williams,R N Yates Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 72, nays 86. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay"
thereon.

Representative Carter of the 166th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority
to HB 341.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

1014

JOURNAL OF THE HOUSE,

HB 548. By Representative Dixon of the 168th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge of said court.

The following Senate amendment was read:

Amend HB 548 by striking lines 24 and 25 on page 1, which read as follows:
'"Section 4A. The Judge of the State Court of Ware County shall receive an annual salary of $40,000.00.",
and inserting in lieu thereof the following:
"'Section 4A. Following the effective date of this Act, the Judge of the State Court of Ware County shall receive a salary in such an amount as to provide for a total salary for such judge for the calendar year of 1993 in the amount of $35,000.00. The salary of such judge for the calendar year 1994 and annually thereafter shall be $40,000.00."

Representative Dixon of the 168th moved that the House agree to the Senate amend ment to HB 548.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Representative Parham of the 122nd moved that the following Bill of the House be
withdrawn from the General Calendar and recommitted to the Committee on Motor Vehi cles.

HB 290. By Representatives Powell of the 23rd, Harris of the 112th, Parham of the 122nd and Johnson of the 84th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Anno tated, relating to exemptions from driver's license requirements, so as to exempt persons 16 years of age or over while taking instruction from a licensed driving instructor.

The motion prevailed.

Representative Skandalakis of the 45th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 280.

Representative Skandalakis of the 45th gave notice that at the proper time he would
move that the House reconsider its action in giving the requisite constitutional majority to HB 281.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 25, 1993

1015

HB 336 Do Pass, by Substitute HB 491 Do Pass, by Substitute

HB 689 Do Pass, as Amended HR 242 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 395 Do Pass, by Substitute HB 337 Do Pass, by Substitute HB 403 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 117 Do Pass SB 200 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

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

HB 140. By Representative Watson of the 139th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of operators of roller skating centers and persons who utilize roller skating centers.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of opera tors of roller skating centers and persons who utilize roller skating centers; to provide a

1016

JOURNAL OF THE HOUSE,

short title; to define certain terms; to provide that a person who participates in roller skat ing assumes certain risks; to provide that a roller skater, spectator, or operator of a roller skating center who violates the provisions of this Act shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation; to provide for the exercise of ordinary diligence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by adding following Code Section 51-1-42 a new Code Section 51-1-43 to read as follows:
"51-1-43. (a) This Code section shall be known and may be cited as the 'Roller Skating Safety Act of 1993.'
(b) As used in this Code section, the term: (1) 'Operator' means a person or entity who owns or controls or who has opera
tional responsibility for a roller skating center. (2) 'Roller skater' means a person wearing roller skates while that person is in a
roller skating center for the purpose of roller skating. (3) 'Roller skating center' means a building, facility, or premises which provides an
area specifically designed to be used for roller skating by the public. (4) 'Spectator' means a person who is present in a roller skating center only for
the purpose of observing skating activity, whether recreational or competitive. (c) Each operator of a roller skating center shall be required to:
(1) Post the duties of roller skaters and spectators as prescribed in this Code sec tion in conspicuous places;
(2) Comply with the safety standards ordinarily accepted in the roller skating rink industry;
(3) Maintain roller skating equipment and roller skating surfaces according to the safety standards cited in paragraph (2) of this subsection; and
(4) Maintain the stability and legibility of all required signs, symbols, and posted notices. (d) While in a roller skating center, each roller skater shall do all of the following:
(1) Maintain reasonable control of his or her speed and course at all times; (2) Read all posted signs and warnings; (3) Maintain a proper lookout to avoid other roller skaters and objects; (4) Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability; and (5) Refrain from acting in a manner which may cause injury to others. (e) Each person who participates in roller skating in a roller skating center accepts the risks that are inherent in that activity insofar as the risks are obvious and necessary. (f) A roller skater, spectator, or operator who violates the provisions of this Code sec tion shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation. (g) Nothing in this Code section shall be construed to relieve an operator from exer cising ordinary diligence in his or her operational responsibility."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker

Y Bannister Y Barfoot Y Bargeron Y Barnes

Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks,D
Brooks.T

Y Brown Y Buck Y Buckner
Bunn

THURSDAY, FEBRUARY 25, 1993

1017

Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M E Dickinson
YDix Y Dixon.H Y Dixon,S YDobbs Y Dover Y Ehrhart

YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee
Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B
Y Harris,M YHart Y Heard Y Hegstrom Y Hembree YHenson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J

Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D E Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley,B
Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock

Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter Y Poston Y Powell Y Purcell YRandall
Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
YShipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P Y Smith,T

Smith.V Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L
Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas.C
Tillman
Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams.R
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 741. By Representatives Parrish of the 144th, Coleman of the 142nd, Lord of the 121st, Childers of the 13th, Parham of the 122nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anticancer drug therapy.

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

YAshe Y Atkins
Bailey Y Baker Y Bannister
YBarfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks,T Y Brown
YBuck Y Buckner YBunn Y Burkhalter
YByrd

Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Y Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G

Y Davis,M E Dickinson
YDix Y Dixon,H Y Diion,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover
Hammond Y Manner Y Harris,B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd YLakly Y Lane,D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann
Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J

1018

JOURNAL OF THE HOUSE,

Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag

Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall
Y Randolph YRay Y Reaves N Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan

Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skandalakis Y Skipper Y Smith.C
Y Smith.L Y Smith.P Y Smith.T
Y Smith,V Y Smith,W Y Smyre YSnow

Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense

Y Turnquest Y Twiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmorland
White Y Williams.B Y Williams.R
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Bailey of the 93rd and Hammond of the 32nd 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 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to homicide, so as to define a certain term; to prohibit certain acts which assist in the commission of suicide; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to homicide, is amended by inserting at the end thereof the following:
"16-5-5. (a) As used in this Code section, the term 'suicide' means the intentional termination of one's own life.
(b) Any person, including without limitation a licensed health care professional, who is present intentionally to abet another person in the commission of suicide or who pro vides or prescribes any drug or instrument with the intent to abet another person in the commission of suicide is guilty of a felony and, upon conviction thereof, shall be pun ished by imprisonment for not less than one nor more than five years or by a fine of not less than $2,000.00, or both.
(c) Any person, including without limitation a licensed health care professional, who administers, prescribes, or dispenses any drug or instrument to diagnose or treat a con dition or relieve a person's pain or discomfort, even if the drug or instrument may has ten or increase the risk of death, shall not be deemed to violate subsection (a) of this Code section unless the drug or instrument is administered, prescribed, or dispensed with the intent to abet another person in the commission of suicide.
(d) The provisions of subsection (a) of this Code section shall not be applicable to the lawful withholding or withdrawal of treatment by a licensed health care professional or deemed to affect any other laws, in whole or in part, that may be applicable to such lawful withholding or withdrawal of medical treatment."

THURSDAY, FEBRUARY 25, 1993

1019

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister N Barfoot N Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D N Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle N Carrell N Carter N Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

N Coiwell Y Connell NCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M E Dickinson YDii Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd.J.M Y Floyd,J.W N Godbee N Golden Y Goodwin Y Greene Y Groover
N Hammond N Hanner N Harris,B Y Harris.M
YHart Y Heard N Hegstrom
Y Hembree N Henson N Holland

Y Holmes Y Howard N Hudson
Y Hughes Y Hugley
James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D N Lane,R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas Y Maddox E Mann
Martin Y McBee N McClinton N McKinney.B YMilam Y Mills

N Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock N Padgett Y Parham Y Parrish Y Patten E Pelote N Perry Y Pinholster NPoag N Polak Y Porter N Poston Y Powell Y Purcell YRandall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson
Sinkfield Y Skandalakis N Skipper

Y Smith,C Y Smith,L Y Smith,? Y Smith,T Y Smith,V Y Smith,W
YSmyre N Snow N Stancil,F
Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor N Teague N Teper Y Thomas.C
Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan
Walker
Y Wall Watson Watts
Y Westmoreland White
Y Williams.B Y Williams.R
Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 123, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Dover of the 9th and Yates of the 106th 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.

Due to a mechanical malfunction, the vote of Representative Watts of the 26th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 83. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Skipper of the 137th, Smith of the 109th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the "Local Government Efficiency 2000 Act".

The following Committee substitute was read and adopted:

1020

JOURNAL OF THE HOUSE,

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to enact the "Local Government Efficiency Act"; to state legislative findings; to define terms; to provide for a program of state grants for the assessment, planning, and carrying out of consolidations of local government units and local government service delivery programs; to provide for required specialized performance grants of local govern ment service delivery programs with respect to achievement of enhanced effectiveness and cost savings through such consolidations; to provide for administration by the Department of Community Affairs; to provide for the withholding of state grants to local government units failing to complete required performance audits; 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 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by adding at its end a new Chapter 86 to read as follows:
"CHAPTER 86
36-86-1. This chapter shall be known and may be cited as the 'Local Government Efficiency Act.'
36-86-2. The General Assembly finds and determines that there is a pressing need for modernization and reorganization of local government service delivery programs in many parts of the state. Both increasing population and urbanization in some areas of the state, as well as relative population decreases in other areas of the state, together with modern developments in transportation, communication, information, and other service delivery equipment and systems have rendered obsolete many of the traditional local government territorial systems for delivery of local government services.
In many cases the consolidation of local government units or the consolidation of local government service delivery programs can lead to increased efficiency in the delivery of local government services, thereby providing either enhanced service delivery, lower lev els of taxation, or both. In other cases, however, existing territorial systems for local gov ernment service delivery already operate in an efficient and cost-effective manner.
The purpose of this chapter is to provide incentives and requirements relating to con solidation of local government units and local government service delivery programs in those cases where such consolidation will improve efficiency and cost effectiveness, with out disturbing territorial arrangements which already operate in an efficient and costeffective manner.
36-86-3. As used in this chapter, the term: (1) 'Local government unit' includes each county in the state, each municipality in
the state, and each local authority in the state which operates any local government service delivery program but does not include Jocal school systems.
(2) 'Service' or 'local government service' includes any and all services provided by a local government unit, including but not limited to the following:
(A) Law enforcement; (B) Fire protection and fire safety; (C) Road and street construction and maintenance; (D) Public transportation; (E) Water supply and distribution; (F) Waste-water, sewage, and storm-water collection and disposal; (G) Public housing; (H) Public health services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similiar codes; (J) Parks and recreation systems; (K) Planning and zoning; (L) Solid waste management; and (M) Electric or gas utility services.

THURSDAY, FEBRUARY 25,1993

1021

36-86-4. (a) There is established within the Department of Community Affairs a local governmental efficiency grant program. Funds may be appropriated to such grant program by line item reference in any appropriations Act, and any funds so appropri ated shall be used for the sole purpose of making grants to local governments in the fol lowing categories:
(1) Efficiency assessment grants which shall be made available for the purpose of assessing the need for and desirability of consolidation of local government units or local government service delivery programs (including privatization of such programs) or both;
(2) Consolidation planning grants which shall be made available for the purpose of planning for the consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, when it has been determined that such consolidation is needed and desirable; and
(3) Consolidation implementation grants which shall be made available for the purpose of carrying out consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, where it has been determined that such consolidation is needed and desirable and a plan has been developed for carrying out the consolidation. (b) The Department of Community Affairs shall promulgate not later than October 1, 1993, rules and regulations which shall provide for:
(1) Standards and procedures for allocating local governmental efficiency grant funds appropriated or otherwise made available to the department among the three categories of grants specified in subsection (a) of this Code section;
(2) Standards and procedures for local governments to make application for local governmental efficiency grant funds; and
(3) Standards and procedures for the awarding of local governmental efficiency grant funds, such standards to be consistent with the statement of legislative findings set out in Code Section 36-86-2.
(c) The rules and regulations provided for in subsection (b) of this Code section shall be promulgated as specified in Chapter 13 of Title 50, the 'Georgia Administrative Pro cedure Act,' except with respect to assignment to standing committees of the General Assembly. Such rules and regulations shall be assigned and transmitted to each of two standing committees in both the House and Senate, as follows: Senate Committees on Appropriations and Urban and County Affairs and House Committees on Appropriations and State Planning and Community Affairs. Any one of such committees shall be autho rized to file an objection to such rules and regulations in the manner specified in Chap ter 13 of Title 50.
(d) Funds appropriated for local governmental efficiency grants shall be subject to normal budgetary processes and controls, including the lapsing of unexpended and uncommitted funds at the end of each fiscal year.
(e) The Department of Community Affairs shall provide procedures and guidelines specifying the manner of conducting and contents of the efficiency assessments that are
authorized to be conducted under the efficiency assessment grant program set out in paragraph (1) of subsection (a) of this Code section.
(f) The efficiency assessments shall be conducted only for the purpose of providing
the local government units with the cost savings and efficiencies, if any, which could be achieved through consolidation of governmental units or service delivery programs or
both. There shall be no requirement that local government units that elect to conduct an efficiency assessment be compelled to consolidate local government units or local gov
ernment service delivery programs as a result of the findings of the efficiency assess ment.
(g) No local government shall be required to undertake any of the studies necessary for carrying out the provisions of subsection (a) of this Code section unless funds are
appropriated for the purposes of that subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1022

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker
N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield N Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks.D N Brooks.T N Brown YBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty Y Carlisle
Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler N Channell
Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M E Dickinson NDix Y Dixon.H N Dixon.S
Y Dobbs Y Dover Y Ehrhart
Epps Y Evans Y Felton
Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin
Greene Y Groover Y Hammond N Manner Y Harris,B Y Harris,M YHart Y Heard
Hegstrom Y Hembree Y Henson N Holland

Holmes Howard Y Hudson N Hughes Y Hugley
James N Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E
Y Johnson.G N Johnson.J
N Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D N Lane.R Y Lawrence Y Lawson YLee Y Lewis NLord Y Lucas N Maddoz E Mann
Y Martin Y McBee Y McClinton Y McKinney,B
Milam N Mills

Mobley.B
Y Mobley,J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham YParrish Y Patten E Pelote Y Perry Y Pinholster NPoag YPolak N Porter NPoston Y Powell Y Purcell YRandall Y Randolph
NRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
N Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? N Smith.T
Y Smith,V N Smith,W YSmyre YSnow
Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? N Stephenson
Streat Y Taylor NTeague YTeper Y Thomas,C
N Tillman Y Titus Y Towery YTrense Y Turnquest
Twiggs YVaughan Y Walker
Wall
Y Watson Y Watts N Westmoreland
White Y Williams,B Y Williams,R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives James of the 140th and Stancil of the 91st 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 84. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Scoggins of the 24th, Buck of the 135th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal corporations in general, so as to provide for the automatic termination on a certain date of any municipal corporation which does not provide certain governmental services.

The following Committee substitute was read:

A BILL
To amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide for the determination of inactive

THURSDAY, FEBRUARY 25, 1993

1023

municipalities which do not meet certain minimum standards for determining active municipalities; to provide for the repeal of charters of such inactive municipalities; to pro vide for a method of certification of continued existence or termination to the Department of Community Affairs; to provide for the automatic termination of municipal corporations not making the required certification; to provide for the automatic termination of local authorities created by or for terminated municipal corporations; to provide for documenta tion of continued existence or termination; to provide for devolution of assets and property and rights and obligations upon counties; to provide for special district taxation to retire indebtedness; to provide for the use of certain assets and the proceeds from the sale of certain property to retire indebtedness; to provide for certain reincorporations under cer tain limited circumstances; to provide for a judicial declaration of terminations not other wise established; 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. Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, is amended by adding, immediately after Code Sec tion 36-30-7, a new Code Section 36-30-7.1 to read as follows:
"36-30-7.1. (a) On and after July 1, 1995, any municipal corporation in this state shall be deemed an inactive municipality and its charter shall be repealed by operation of law if the municipal corporation fails to meet any of the minimum standards provided in subsection (b) of this Code section for determining an active municipality.
(b) An active municipality is any incorporated municipality in this state the govern ing body of which meets each of the following minimum standards:
(1) Provides at least three of the following services, either directly or by contract: (A) Law enforcement; (B) Fire protection and fire safety; (C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other
similar codes; and (J) Planning and zoning;
(2) Holds at least six regular, bimonthly, officially recorded public meetings within the 12 months next preceding the execution of the certificate required by subsection (c) of this Code section; and
(3) Qualifies for and holds a regular municipal election as provided by law. (c) Not later than July 1, 1994, each municipal corporation in this state shall file with the Department of Community Affairs either:
(1) A certification from the governing authority that the municipal corporation meets the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; or
(2) A certification from the governing authority that the municipal corporation does not meet the minimum standards for determining an active municipality enumer ated in subsection (b) of this Code section, including a statement that the governing authority recognizes that its legal existence will under the provisions of this Code sec tion be terminated as of July 1, 1995. (d) On or about October 15, 1994, the Department of Community Affairs shall trans mit to the governing authority of each municipal corporation in the state either:
(1) A statement confirming that the Department of Community Affairs has received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement of which type of filing was received from that municipal corporation; or

1024

JOURNAL OF THE HOUSE,

(2) A statement that the Department of Community Affairs has not received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement that the municipal corporation's legal existence will be termi nated as of July 1, 1995, unless such filing is received by December 31, 1994. (e) A municipal corporation which does not timely make the filing required by sub section (c) of this Code section shall have a grace period until December 31, 1994, to make such filing. However, if such filing is not made by December 31, 1994, the legal status of the municipal corporation shall be the same as that of a municipal corporation which does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; and such municipal corporation shall cease to have legal existence as of July 1, 1995. (f) As quickly as practicable after December 31, 1994, the Department of Community Affairs shall compile a listing of all municipal corporations in this state indicating those whose legal existence will be terminated as of July 1, 1995, and those whose legal exis tence will not be so terminated. A certified copy of such listing shall be provided to the
Secretary of State and shall be conclusive evidence, acceptable in any court and record able in any public records, of the termination or continuation of existence of a municipal corporation. The Secretary of State shall transmit such a certified copy of the listing to
the legislative counsel for publication in the Georgia Laws for the year 1995, and all courts of this state may take judicial notice of the listing so published.
(g) Upon the termination of existence of a municipal corporation as provided for in
this Code section, the existence of any local authority created by or for such municipal corporation shall likewise terminate on the same date. Upon the termination of any municipal corporation or local authority under this Code section, all assets, property,
and legal rights and obligations of the municipal corporation or local authority shall devolve by operation of law upon the governing authority of the county in which the legal situs of the municipal corporation or local authority was located; provided, how
ever, that this devolution of rights and obligations shall in no manner obligate the county to provide continued employment for any employee of the abolished municipal
corporation or local authority. In the case of legal indebtedness of a municipal corpora tion or local authority devolving upon a county under this Code section, the county shall be authorized but not required to levy a special district tax, fee, or assessment within
the formerly incorporated territory (or a portion thereof corresponding to any special district for which the indebtedness was incurred) for the purpose of retiring all or a por tion of such indebtedness. Assets devolved to the county governing authority pursuant
to this Code section which are deemed to be excess by the county shall be used to retire any indebtedness of the terminated municipal corporation or local authority. Property devolved to the county governing authority pursuant to this Code section which is
deemed to be unnecessary by the county shall be sold and the proceeds from such sale used to retire any indebtedness of the terminated municipal corporation or local author ity.
(h) Upon the termination of existence of a municipal corporation as provided in this Code section, the geographic area that was contained in the boundaries of the former
municipal corporation may continue to be identified under the same name and style as the former municipal corporation, and for such purpose signs and other appropriate insignia may be erected for such identification.
(i) At the session of the General Assembly held in the year 1996 only, a new charter may be granted to a municipal corporation which ceased to exist under the provisions of this Code section solely because of a failure to make the required filing with the
Department of Community Affairs (not including any case where the municipal corpora tion failed to meet the minimum standards of an active municipality enumerated in sub section (b) of this Code section), without regard to the minimum standards for
incorporation set out in Chapter 31 of this title. In such a case the local law granting the new charter shall have attached thereto, in lieu of the certificate otherwise required by Code Section 36-31-5, a certificate by the author of the bill stating that the require
ments of this subsection are met by the municipal corporation being reincorporated. In any such case assets and property and rights and obligations which devolved upon the county shall be retransferred from the county back to the municipal corporation.

THURSDAY, FEBRUARY 25, 1993

1025

(j) In any case in which the legal dissolution of a municipal corporation has not been certified under the provisions of subsection (f) of this Code section but the municipal corporation does not in fact meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, any citizen of the municipal corporation or the county in which the legal situs of the municipal corporation is located may bring at any time on or after July 1, 1995, a declaratory judgment action for a declaration of the dissolution of the municipal corporation. Any such action shall be brought in the superior court of the county wherein the legal situs of the municipal corporation is located. If a judgment is entered declaring the dissolution of the munici pal corporation, the court shall file a certified copy of the judgment with the Secretary of State and the legislative counsel. A copy of such judgment shall be published in the next publication of the annual session laws with the same status and effect provided for in subsection (f) of this Code section; and a certified copy of the judgment from the court or the Secretary of State shall have the same status and effect as described in sub section (f) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

By unanimous consent, further consideration of HB 84 was postponed until 3:00 o'clock this afternoon.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

1026

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 802 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 319 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 805 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 55th
Chairman
The following Resolutions of the House were read and adopted:
HR 352. By Representative Carlisle of the 107th:
A resolution commending the Foster Parents Association of Georgia.

THURSDAY, FEBRUARY 25, 1993

1027

HR 353. By Representatives Atkins of the 29th, Towery of the 30th, Coker of the 31st, Vaughan of the 34th, Klein of the 39th and others:
A resolution commending and recognizing Mr. Woody Manuel.

HR 354. By Representative Evans of the 28th:
A resolution congratulating Samuel Monroe Barnette on the occasion of his 87th birthday.

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

HB 547. By Representatives Watts of the 26th, Dover of the 9th, Lee of the 94th, Connell of the 115th, Floyd of the 172nd and others:
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 that certain heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state shall be subject to ad valorem taxation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 737. By Representatives Watts of the 26th, Parham of the 122nd, Groover of the 125th, Coleman of the 142nd, Parrish of the 144th and others:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institu tions notwithstanding certain relationships between members of the board and such financial institutions.

The following Committee substitute was read:

A BILL
To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institutions notwithstanding certain relation ships between members of the board and such financial institutions; to provide for immu nity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to contracts by public schools, is amended by adding after Code Section 20-2-505 the following Code section:
"20-2-505.1. A local board of education having any member thereof who is an employee, stockholder, director, or officer of a bank or similar financial institution shall nevertheless be authorized to transact business with such bank or financial institution

1028

JOURNAL OF THE HOUSE,

without the board or member thereby incurring any criminal liability therefor, as long as such member owns less than 50 percent of the stock or other ownership interest in such bank or financial institution."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Stancil of the 16th moved to amend the Committee substitute to HB 737 as follows:
Page 1 line 21 change "50" to "30".
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:

YAshe Y Atkins
Bailey Baker Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown
YBuck Buckner
NBunn Y Burkhalter
Byrd
Y Campbell N Canty Y Carlisle Y Carrell
Carter Y Cauthorn
Y Chambless Y Chandler
Y ChanneU Childers
Y Clark Y Coker
Y Coleman.B Coleman.T

Colwell Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Davis.G Y Davis,M E Dickinson YDix Dixon.H
Y Dixon.S Dobbs Dover
Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M
YHart Y Heard
Hegstrom Y Hembree
Henson Y Holland

Holmes N Howard Y Hudson
Y Hughes Y Hugley
James
Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J N Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane.D Lane,R Y Lawrence Y Lawson YLee Y Lewis Lord
Lucas Y Maddox E Mann Y Martin
Y McBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley
Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham Parrish Y Patten E Pelote Y Perry Pinholster YPoag Y Polak Porter YPoston Y Powell Y Purcell Randall Y Randolph YRay Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Simpson Sinkfield Skandalakis Y Skipper

Smith,C Y Smith,L Y Smith,P
Smith.T Y Smith,V
Smith,W Smyre Snow Stancil.F Y Stancil.S Stanley ,L Stanley,P Y Stephenson Y Streat Y Taylor Teague Teper Thomas.C Tillman Y Titus Y Towery Y Trense Turnquest Twiggs Y Vaughan . Walker Wall Y Watson Y Watts Y Westmoreland White Y Williams,B Y WiUiams,R Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Buckner of the 95th, James of the 140th, Pinholster of the 15th, Smith of the 174th and Thomas of the 100th 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.

THURSDAY, FEBRUARY 25, 1993

1029

HB 205. By Representative Jenkins of the 110th:
A bill to amend Code Section 15-16-1 of the Official Code of Georgia Anno tated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office.

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

Y Ashe Y Atkins
Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove
Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childera Y Clark Y Coker Y Coleman,B
Coleman.T

Colwell Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M E Dickinson YDix
Dixon.H
Y Dixon.S Dobbs Dover
Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y FloydJ.W YGodbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller
Y Oliver Y O'Neal
Orrock Y Padgett
Parham Parrish Y Patten E Pelote Y Perry Pinholster YPoag Y Polak Porter Y Poston Powell Y Purcell Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp
Simpson
Y Sinkfield Skandalakis
Y Skipper

Smith.C Y Smith,L Y Smith,P
Smith.T Y Smith,V
Smith.W Smyre YSnow Y Stancil,F Y Stancil,S Stanley ,L Stanley,? Y Stephenson
Y Streat Y Taylor
Teague YTeper
Thomas,C Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Walker Wall
Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Pinholster of the 15th, Smith of the 174th and Thomas of the 100th 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 49. By Representatives Poston of the 3rd, Holland of the 157th, Porter of the 143rd and Turnquest of the 73rd:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state programs or operations.

The following Committee substitute was read and adopted:

1030

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiv ing and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-4, to read as follows:
"45-1-4. (a) As used in this Code section, the term: (1) 'Public employee' means any person who is employed by the executive branch
of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the Office of the Governor, the judicial branch, or the legislative branch.
(2) 'Public employer' means the executive branch of the state and any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the Office of the Governor, the judicial branch, or the legislative branch. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdic tion of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writ ing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any pub lic employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside."
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:

YAshe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks,D Y Brook8,T Y Brown
YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Connell YCoi

Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis,M E Dickinson YDii
Diion.H Y DUon,S
Dobbs Dover
Y Ehrhart

YEpps Y Evans
Felton
Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris,B

THURSDAY, FEBRUARY 25, 1993

1031

Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johroon.D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye

Y Kinnamon Y Klein
YLadd YLakly YLane,D
Lane.R Y Lawrence YLawson
YLee Y Lewis
Lord Lucas Y Maddox E Mann Y Martin
YMcBee Y McClinton
McKinney.B
YMilam Y Mills Y Mobley.B Y Mobley,J
Y Moore

Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham YParrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves Y Reichert

Y Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Y Skipper
Y Smith,C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley.L Stanley,P Y Stephenson

Y Streat Y Taylor YTeague YTeper Y Thomas,C YTillman Y Titus Y Towery YTrense
Turnquest Twiggs Y Vaughan Y Walker Wall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 49 was ordered immediately transmitted to the Senate.

HB 213. By Representative Twiggs of the 8th:
A bill to amend Chapter 25 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of motor vehicle racetracks, so as to transfer licensing authority and responsibility from the commissioner of public safety to the Safety Fire Commissioner.

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

YAshe Y Atkins
Bailey Y Baker Y Bannister YBarfoot Y Bargeron
YBarnea Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle YCarrell Y Carter

Y Cauthom Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell
Council YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M
E Dickinson YDix
Dixon,H Y Dixon.S
Dobbs Y Dover
YEhrhart YEpps Y Evans

Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden
Goodwin Y Greene
Groover Y Hammond Y Hanner Y Harris.B YHarri8,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland
Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H

Y Johnson.E Johnson ,G
Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd YLakly YLane,D YLane.R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddox E Mann Y Martin
YMcBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts

1032

JOURNAL OF THE HOUSE,

Y Royal Y Scoggim Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith,T Y Smith.V Y Smith,W
Smyre YSnow
Y Stancil,F

Y Stancil,S Stanley.L Stanley,?
Y Stephenson Y Streat Y Taylor
Teague
Y Teper Y Thomas.C

Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall

Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R Y Yates 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

HB 21. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Anno tated, relating to suspension of a driver's license for failure to maintain proof of insurance, so as to repeal the requirement that a driver's vehicle registra tion and license plate are suspended for failure to maintain proof of insur ance.

The following amendment was read and adopted:

Representative Canty of the 52nd moves to amend HB 21 as follows: Line 32 page 3 add - item (D) Proof of lay off, release from job or firing from job.

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:

YAshe Y Atkins
Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks,T Y Brown YBuck Y Buckner YBunn
Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childere

Y Clark Y Coker Y Coleman.B Y Coleman.T
Colwell Connell YCox N Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis,M B Dickinson NDix Dixon.H Y Dixon,S Dobbs Dover Y Ehrhart
YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden
Goodwin Y Greene Y Groover
Hammond Y Manner

Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree
Henson N Holland
Holmes N Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G N Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson

YLee Y Lewis YLord
Y Lucas Y Maddox E Mann
Y Martin Y McBee Y McClinton
Y McKinney.B Y Milam Y Mills
Y Mobley,B Y Mobley,J Y Moore
Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell

Y Purcell Y Randall Y Randolph
YRay Y Reaves N Reichert Y Roberts Y Royal Y Scoggins N Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Y Skipper Y Smith.C
Smith.L N Smith,P Y Smith,T Y Smith.V
Y Smith,W Smyre
YSnow Y StanciLF Y Stancil,S Y Stanley.L Y Stanley,? N Stephenson Y Streat Y Taylor
Teague

THURSDAY, FEBRUARY 25, 1993

1033

Y Teper Y Thomas.C Y Tillman Y Titus

Y Towery Y Trense
Y Turnquest Twiggs

Y Vaughan Y Walker Y Wall Y Watson

Y Watts Y Westmorland
White Y Williams,B

Y Williams,R Y Yates
Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 143, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Barnes of the 33rd and Hammond of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 753. By Representative Lane of the 55th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to change cer tain provisions relating to regional development centers.

The following amendments were read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 753 by striking line 21 on page 20 and inserting the following:
"administer programs".

Representative Smith of the 174th moves to amend HB 753 as follows: By deleting the words "The Board..." from line 20 page 15 and lines 21, 22 and 23.

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:

YAshe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T
Brown YBuck Y Buckner
YBunn Burkhalter
YByrd Y Campbell
N Canty Y Carlisle

Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B
Y Coleman,T Colwell
Y Connell YCoi Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis.M E Dickinson YDix
Diion,H Y Dixon,S
Dobbs

Dover Y Ehrhart
YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson

Y Hughes Y Hugley N James Y Jamieson Y Jenkins Y Johnson,D.H N Johnson.E Y Johnson,G
Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

Y Maddoi E Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B
Y Mobley,J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster
YPoag YPolak

1034

JOURNAL OF THE HOUSE,

Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal

N Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skandalakis Skipper Y Smith,C Y Smith.L Y Smith,P

N Smith.T Y Smith,V N Smith,W
YSmyre YSnow Y StanciLF Y Stancil,S Y Stanley,!,
Y Stanley,P Y Stephenson Y Streat

Y Taylor Teague
Y Teper Y Thomas.C Y Tillman Y Titus Y Towery N Trense
N Turnquest YTwiggs
Y Vaughan

Y Walker Wall
Y Watson Y Watts Y Westmoreland
White Y Williams.B
Y Williams,R YYates Y Yeargin
MurphytSpkr

On the passage of the Bill, as amended, the ayes were 146, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Ray 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.

By unanimous consent, further consideration of HR 66 was postponed indefinitely.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 84. By Representatives Walker of the 141st, McBee of the 88th, Ashe of the 46th, Scoggins of the 24th, Buck of the 135th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal corporations in general, so as to provide for the automatic termination on a certain date of any municipal corporation which does not provide certain governmental services.

The following amendment was read and lost:

Representative Byrd of the 170th moves to amend the Committee substitute to HB 84 as follows:
On page 2 line 13 change the word three to the word one.

The following amendment was read and adopted:

Representative Carlisle of the 107th moves to amend the Committee substitute to HB 84 as follows:
Add on line 28 page 2 the following:
(K) Recreational facilities

The following amendment was read:

Representative Hembree of the 98th moves to amend the Committee substitute to HB 84 as follows:
By changing the date "December 31, 1994" to "December 31, 1997" wherever it may appear.
By changing the date July 1, 1995" to "July 1, 1998" wherever it may appear.

THURSDAY, FEBRUARY 25, 1993

1035

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

NAshe N Atkins N Bailey N Baker Y Bannister N Barfoot
Bargeron YBarnes N Bates N Benefield
Y Birdsong N Bordeaux N Bostick Y Breedlove N Brooks.D Y Brooks.T
Brown NBuck N Buckner YBunn Y Burkhalter
YByrd N Campbell Y Canty N Carlisle N Carrell
N Carter N Cauthom N Chambless Y Chandler N Channel!
N Childers N Clark N Coker
Y Coleman.B N Coleman.T

N Colwell
N Connell YCox N Crawford N Crews N Culbreth N Cumminga
Davis.G
Y Davis,M E Dickinson
YD N Diion.H N Diion,S
Dobbs N Dover N Ehrhart YEpps Y Evans
Felton N Floyd,J.M N Floyd,J.W
NGodbee N Golden
Goodwin
Greene N Groover
N Hammond N Manner
N Harris,B N Harris.M NHart N Heard N Hegstrom Y Hembree N Henson Y Holland

N Holmes Y Howard Y Hudson N Hughes N Hugley N James Y Jamieson N Jenkins
N Johnson,D.H N Johnson.E N Johnson.G Y Johnson,J Y Johnston N Jones Y Joyce NKaye Y Kinnamon
N Klein YLadd N Lakly N Lane.D YLane.R Y Lawrence N Lawson NLee N Lewis NLord
Lucas Y Maddox E Mann N Martin N McBee N McClinton N McKinney.B N Milam Y Mills

N Mobley,B N Mobley,J Y Moore Y Mosley Y Mueller N Oliver N O'Neal N Orrock Y Padgett N Parham N Fairish Y Patten E Pelote N Perry N Pinholster
YPoag N Polak Y Porter N Poston N Powell N Purcell NRandall
Randolph
YRay Y Reaves N Reichert Y Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfleld Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 49, nays 113. The amendment was lost.

N Smith,C N Smith.L N Smith,P
Smith,T Y Smith,V Y Smith.W NSmyre NSnow N Stancil.F
Y Stancil,S N Stanley.L N Stanley,? Y Stephenson
Streat N Taylor NTeague NTeper
N Thomas,C NTillman N Titus Y Towery
Trense N Turnquest
N Twiggs N Vaughan N Walker
Wall N Watson N Watts Y Westmorland
White N Williams.B N Williams,R Y Yates N Yeargin
Murphy ,Spkr

The following amendments were read and adopted:

Representative Childers of the 13th moves to amend the Committee substitute to HB 84 as follows:
By adding after the word regular on line 29 page 2 the words "monthly or".
By striking the words "on or about" on line 19 page 3 and inserting the word "after".

Representatives Hughes of the 19th and Purcell of the 147th move to amend the Com mittee substitute to HB 84 as follows:
By adding after the word "protection" on line 16, page 2 the following:
"(which may be furnished by a volunteer fire force)".

Representative Hart of the 116th moves to amend the Committee substitute to HB 84 as follows:
By inserting after the word "identification" on line 2, page 6; the following paragraph:
The Department of Community Affairs shall establish a designation of "historical township" for communities created on or before 1900, provide for the establishment of

1036

JOURNAL OF THE HOUSE,

unincorporated town councils, provide a procedure for converting such municipalities to township and for registration of such.
Representative Smith of the 109th moves to amend the Committee substitute to HB 84 as follows:
Add on line two page 3 ", other than a municipality which has a governing authority comprised of commissioners or other members who are appointed by a judge of the superior court".
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 Ashe Y Atkins Y Bailey Y Baker
N Bannister Y Barfoot N Bargeron YBarnes
Y Bates Y Benefield N Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
N Brooks.T N Brown
YBuck Y Buckner NBunn Y Burkhalter N Byrd Y Campbell N Canty Y Carlisle N Carrell N Carter Y Cauthorn Y Chambless
Y Chandler N Channell Y Childers Y Clark
Y Coker Y Coleman,B
Y Coleman.T

Y Colwell Y Connell NCox Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis.G Y Davis,M E Dickinson NDix
Y Dizon,H N Dixon,S
Dobbs N Dover YEhrhart YEpps N Evans
Felton N Floyd,J.M Y Floyd,J.W
God bee Y Golden
Goodwin N Greene Y Groover Y Hammond N Manner Y Harris.B Y Harris,M YHart Y Heard N Hegstrom N Hembree Y Henson N Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James N Jamieson N Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G N Johnson,J N Johnston Y Jones N Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly Y Lane.D NLane.R Y Lawrence N Lawson YLee Y Lewis NLord N Lucas N Maddoi E Mann Y Martin Y McBee Y McClinton Y McKinney.B
YMilam N Mills

N Mobley,B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal
Y Orrock Y Padgett N Parham N Parrish N Patten E Pelote Y Perry Y Pinholster NPoag Y Polak N Porter N Postal N Powell Y Purcell YRandall
Randolph NRay N Reaves Y Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield Y Skandalakis N Skipper

Y Smith,C Y Smith,L Y Smith,? N Smith.T N Smith,V Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? N Stephenson Y Streat Y Taylor N Teague Y Teper Y Thomas.C Y Tillman Y Titus
Y Towery Y Trense Y Turaquest N Twiggs Y Vaughan Y Walker
Wall
Y Watson Y Watts N Westmorland
White Y Williams,B Y Williams,R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Cummings of the 27th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 84 was ordered immediately transmitted to the Senate.
Representative Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

THURSDAY, FEBRUARY 25, 1993

1037

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

1038

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 26, 1993

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tern.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered was offered by the Reverend Timothy McDonald, First Iconium Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 905. By Representative Lane of the 55th: A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 906. By Representative Ehrhart of the 36th: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Anno tated, relating to definitions regarding ad valorem taxation of property, so as to change the definition of fair market value of property.
Referred to the Committee on Ways & Means.

FRIDAY, FEBRUARY 26, 1993

1039

HB 907. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in govern ment, so as to require the names of each political action committee and sepa rate segregated fund to include the name of its connected organization.
By unanimous consent, HB 907 was ordered engrossed.
Referred to the Committee on Rules.
HB 908. By Representatives Godbee of the 145th and Lane of the 146th:
A bill to reconstitute the Board of Education of Bulloch County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 909. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 910. By Representative Godbee of the 145th:
A bill to create and establish the Metter-Candler County Charter Commis sion.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 911. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the election of members to the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 912. By Representatives Dixon of the 168th, Scoggins of the 24th, Golden of the 177th and Atkins of the 29th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Anno tated, relating to license to provide in-room service by hotels, so as to pro vide that distilled spirits provided by in-room service shall not be sold in packages containing less than 50 milliliters each.
Referred to the Committee on Regulated Beverages.

HB 913. By Representative Lane of the 55th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to add a definition; to provide for period of service in order to qualify; to provide for the pension to be received; to provide for computation of benefits.
Referred to the Committee on State Planning & Community Affairs - Local.

1040

JOURNAL OF THE HOUSE,

HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.
Referred to the Committee on Insurance.

HB 915. By Representatives Hudson of the 156th, Reaves of the 178th, Patten of the 176th, Royal of the 164th, Purcell of the 147th and others:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Anno tated, relating to the licensing of water well contractors generally, so as to provide that any applicant for a license who has previously been licensed as a water well contractor and whose license was not suspended or revoked as a result of a violation of certain provisions of law shall be issued a license upon the payment of any required license fee.
Referred to the Committee on Natural Resources & Environment.

HB 916. By Representatives Epps of the 131st and Skipper of the 137th:
A bill to amend an Act to reconstitute the Meriwether County Board of Edu cation, so as to provide for reapportionment of the education districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 917. By Representatives Epps of the 131st and Skipper of the 137th:
A bill to amend an Act creating the Board of Commissioners of Meriwether County, so as to provide for reapportionment of the districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 918. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of East Dublin, so as to provide for the election and term of the mayor pro tempore.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 919. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act providing for the election of members of the board of education of Laurens County, so as to provide for the compensation and expenses of such members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 920. By Representatives Skipper of the 137th, Hudson of the 156th, Carrell of the 87th, Simpson of the 101st, Stephenson of the 25th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a short title; to provide for intent; to provide for definitions; to prohibit certain financial arrange ments between referring physicians and providers of health care services.
Referred to the Committee on Health & Ecology.

FRIDAY, FEBRUARY 26, 1993

1041

HR 351. By Representatives Manner of the 159th, Reaves of the 178th, Royal of the 164th, Cox of the 160th, Coleman of the 142nd and others:
A resolution creating the House Study Committee on Decentralization of State Government.
Referred to the Committee on Rules.

HR 355. By Representatives Sinkfield of the 57th, O'Neal of the 75th, Johnson of the 148th, Lee of the 94th, Coleman of the 142nd and others:
A resolution designating Child Nutrition Employee Appreciation Day.
Referred to the Committee on Children & Youth.

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

HB 927. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the mileage allowance for members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 931. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and elec tion of the chief magistrate of the Magistrate Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 932. By Representatives Mueller of the 152nd, Dixon of the 150th and Johnson of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 933. By Representatives Mueller of the 152nd, Dixon of the 150th and Johnson of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 934. By Representative Yeargin of the 90th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for the licensing of certain pollsters; to provide that the methodology of certain polls shall be made public.
Referred to the Committee on State Planning & Community Affairs.

1042

JOURNAL OF THE HOUSE,

HB 935. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 936. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-16-13 of the Official Code of Georgia Anno tated, relating to the authorization for the sheriff to contract with municipal ities to provide law enforcement services, so as to provide for the intent of said Code section; to provide that the provisions of such Code section shall not affect, limit, or impair the rights, duties, and powers of sheriffs within the corporate limits of municipalities.
Referred to the Committee on Judiciary.

HB 937. By Representatives Bannister of the 77th, Lawson of the 20th, Coleman of the 80th, Kaye of the 37th, Stephenson of the 25th and others:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.

HB 939. By Representatives Greene of the 158th and Baker of the 70th:
A bill to amend Code Section 8-2-20, relating to definitions of terms used in 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 a provision of the Standard Building Code and provide an exception thereto.
Referred to the Committee on Industry.

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

HB 886 HB 887 HB 888 HB 889 HB 890 HB 891 HB 892 HtHlD RB O8Q9V41o
HB 895
HB 896
HB 897
HB 902
HB 903
HB 904
HR 347

HR 348

SB 64

SB 92

SB 99

SB 105

SB 137

QR 999

H QD

29Q^30/\

^B *>7

SB 254

SB 258

SB 271

SB 298

SR 9

SR 173

FRIDAY, FEBRUARY 26, 1993

1043

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth 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 26 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 206 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 679 Do Pass, by Substitute HB 680 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 843 Do Pass HB 855 Do Pass HB 856 Do Pass HB 858 Do Pass HB 859 Do Pass

HB 872 Do Pass HB 873 Do Pass HB 874 Do Pass HB 875 Do Pass HB 899 Do Pass

1044

JOURNAL OF THE HOUSE,

Respectfully submitted, /si Lane of the 55th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 208 Do Pass, by Substitute HB 346 Do Pass HB 472 Do Pass, by Substitute HB 536 Do Pass, by Substitute

HB 587 Do Pass, by Substitute HB 630 Do Pass HB 797 Do Pass

Respectfully submitted, kl Dover of the 9th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 26, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:
HB 384 Income tax; partnerships, etc; nonresident members HB 385 Sales or transfer of real property; nonresidents; taxation HB 492 Blind Persons' Literacy Rights and Education Act; enact HB 695 Houseboats; prohibit on certain lakes HB 714 Landscape architects; amend provisions (Recon.) HB 750 Employees' Retirement; certain members; retirement allowance HB 782 Trial Judges/Solicitors Ret; postretirement benefit increases HB 787 Reapportionment; House of Representatives; cert districts
HR 149 Olympics; Women's Fast-Pitch Softball; urge Clayton Co site HR 287 Cable TV serv to inmates; urge correctional inst not provide
SR 121 Chatham County; grant easement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 94th
Chairman

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

HB 855. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for new commissioner districts.

FRIDAY, FEBRUARY 26, 1993

1045

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

HB 856. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 858. By Representatives Floyd of the 172nd, Tillman of the 173rd, Oliver of the 154th and Mosley of the 171st:
A bill to amend an Act entitled an Act to create the board of education of the Liberty County School District, so as to provide for new education dis tricts.

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

HB 859. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 872. By Representative Stephenson of the 25th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to change the provisions relating to the selection and term of service of the superintendent of the board of education of the independent school system of the City of Commerce.

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

1046

JOURNAL OF THE HOUSE,

HB 873. By Representative Lord of the 121st:
A bill to amend an Act creating a board of commissioners of Washington County, so as to change the description 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 874. By Representative Lord of the 121st:
A bill to amend an Act placing the Sheriff, the Judge of the Probate Court, and the Clerk of the Superior Court of Hancock County on annual salaries in lieu of the fee system of compensation, so as to revise provisions relating to the personnel of the sheriff and the compensation of such personnel.

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

HB 875. By Representative Lord of the 121st:
A bill to reconstitute the Board of Education of Washington County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

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

HB 899. By Representative Royal of the 164th:
A bill to amend an Act reincorporating and providing a new charter for the City of Baconton in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for council districts.

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

HB 843. By Representatives Howard of the 118th, Williams of the 114th, Brown of the 117th, Hart of the 116th and Padgett of the 119th:
A bill to amend an Act creating the Augusta-Richmond County Coliseum Authority, so as to change the name of the Authority; to provide for the expiration of the terms of office of the current members; to provide for appointment and terms of office of the current members; to provide for appointment and terms of office of new members and their successors.

FRIDAY, FEBRUARY 26, 1993

1047

The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Connell of the 115th would like to be recorded as voting "nay" on HB 843.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 474. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act entitled "An Act to create the board of education of the Liberty County School District," so as to change the compensation of the members and chairman of the board of education.

HB 757. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.

HB 758. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.

HB 774. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.

HB 776. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts.

HB 789. By Representative Coleman of the 142nd:
A bill to amend an Act providing a new charter for the City of Eastman, so as to change the provisions relating to the filling of vacancies on the city council.

1048

JOURNAL OF THE HOUSE,

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.

SB 142. By Senator Walker of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases.

SB 166. By Senators Thompson of the 33rd, Garner of the 30th, Hooks of the 14th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide that for purposes of ad valorem taxation, the General Assembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones designated by counties and municipal corporations.

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submission of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.

SB 223. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".

SB 240. By Senator Isakson of the 21st:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by dis patching of the notice by certified mail, return receipt requested.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

FRIDAY, FEBRUARY 26, 1993

1049

SR 93. By Senator Ragan of the 32nd:
A resolution creating the 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.
SR 210. By Senators Henson of the 55th, Dawkins of the 45th and Parrish of the 43rd:
A resolution congratulating John Marshall Law School on the occasion of its sixtieth anniversary.

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

SB 41. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school upon public school property or at a public school sponsored function.
Referred to the Committee on Judiciary.

SB 142. By Senator Walker of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases.
Referred to the Committee on Retirement.

SB 166. By Senators Thompson of the 33rd, Garner of the 30th, Hooks of the 14th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to provide that for purposes of ad valorem taxation, the General Assembly may provide by local law for different rates, methods, or assessment dates for certain real and personal property located in certain enterprise zones designated by counties and municipal corporations.
Referred to the Committee on Ways & Means.

SB 188. By Senators Dawkins of the 45th, Robinson of the 16th, 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 by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report; to provide for submission of such report to the Continuation Subcommittees of the House and Senate Appropriations Committees; to provide for contents of such report.
Referred to the Committee on Appropriations.

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SB 223. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".
Referred to the Committee on Judiciary.

SB 240. By Senator Isakson of the 21st:
A bill to provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation insurance, cancellation, nonrenewal, and certain other notice requirements shall be satisfied by dis patching of the notice by certified mail, return receipt requested.
Referred to the Committee on Insurance.

SR 93. By Senator Ragan of the 32nd:
A resolution creating the 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.
Referred to the Committee on Rules.

SR 210. By Senators Henson of the 55th, Dawkins of the 45th and Parrish of the 43rd:
A resolution congratulating John Marshall Law School on the occasion of its sixtieth anniversary.
Referred to the Committee on Judiciary.

Representative Carter of the 166th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 341. By Representatives Carter of the 166th, Reaves of the 178th, Royal of the 164th, Purcell of the 147th, Groover of the 125th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to revise definitions in Article 1 of Chapter 9, relating to dealers in agricultural products in general; to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".

The motion prevailed.

Representative Carter of the 166th moved that HB 341 be recommitted to the Com mittee on Agriculture and Consumer Affairs.
The motion prevailed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Gov ernmental Affairs.

FRIDAY, FEBRUARY 26, 1993

1051

HB 96. By Representatives Brooks of the 54th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th, Stanley of the 49th and others:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to organization of county government, so as to provide that the governing authority of each county of this state shall consist of a board of commissioners; to provide for the election of chairman and members of county boards of commissioners; to provide for single-member commissioner districts.

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

HB 695. By Representatives Patten of the 176th, Barfoot of the 155th, Milam of the 130th, Greene of the 158th and Twiggs of the 8th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and related matters, so as to restrict the operation of certain vessels on certain lakes.

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 Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks,D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCoi Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix Y Dixon.H Y Diion.S
Dobbs Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W Y Godbee Golden Good win Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Hembree Henson Y Holland

Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddoj E Mann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett YParham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell
Randall Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Simpson Sinkfield Y Skandalakis
Y Skipper

Y Smith,C Y Smith,L Y Smith,P
Smith,T Y Smith,V
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley ,L Stanley,? Y Stephenson
Y Streat Y Taylor
Teague
Y Teper Thomas,C
Y Tillman Y Titus
Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Wall Y Watson Y Watts Y Westmoreland White Y Williams,B Y Williams,R YYates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was

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Representatives Henson of the 65th and Thomas of the 100th 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 121. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain portion of real property located along the east shoreline of Tybee Island, beginning at the north terminal groin (Tybee Light House) and extending to an area just south of the southern end of the island and is more particularly shown on a depiction of the area prepared by the U.S. Army Corps of Engineers on file in the offices of the State Properties Commission; and
WHEREAS, the City of Tybee Island is planning to renourish portions of the abovementioned state owned or claimed beach area, as described above; and
WHEREAS, the improvement of this above-described state owned property would be beneficial to the State of Georgia and public interests.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-described real prop erty, referred to in this resolution as the "easement area."
Section 2. That the State of Georgia hereby grants to the City of Tybee Island and its successors and assigns, without need of further act or instrument, a nonexclusive ease ment for the planning, construction, installation, operation, maintenance, repair, and renourishment of a beach renourishment area in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, installing, operating, main taining, repairing, and renourishing a beach area, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accom plish the aforesaid purposes. Said easement area is located on the eastern shoreline of Tybee Island, Chatham County, Georgia, more particularly described above.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing said beach renourishment area.
Section 4. That no title is conveyed to the City of Tybee Island and, except as spe cifically granted to the City of Tybee Island in this Resolution Act, all rights, title, and interest in and to said easement area are 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 Tybee Island.

FRIDAY, FEBRUARY 26, 1993

1053

Section 5. That in the event that the easement area shall not be maintained for the purposes herein granted for a period of three consecutive months, then the City of Tybee Island, following service of a written notice from the Georgia Department of Natural Resources to cease its use of the facilities (said notice to constitute a termination of this easement), shall have no further rights, title, or interest in or to the beach renourishment area. Following said termination of this easement, at the Department of Natural Resources' request, the City of Tybee Island, pursuant to a proper resolution, shall prop erly execute and deliver to the State of Georgia for recording in the real property records in the office of the clerk of the Superior Court of Chatham County, Georgia, an affidavit, by a proper official, affecting title, acknowledging said termination, and evidencing for public records that the City of Tybee Island no longer has any rights, title, and interest in and to the said beach renourishment area.
Section 6. That the City of Tybee Island shall be solely responsible for constructing, operating, repairing, and maintaining the beach renourishment area in a safe and proper manner. The State of Georgia shall have no duties or responsibilities for constructing, operating, repairing, maintaining, or supervising the beach renourishment.
Section 7. That the City of Tybee Island will, and will require that its contractors will, indemnify and hold the State of Georgia, its officers, agents, servants, employees, departments, agencies, commissions, and authorities harmless from any and all liabilities due to the construction and operation of the beach renourishment authorized in this reso lution.
Section 8. That the consideration for this easement shall be $650.00 made payable to the State of Georgia and delivered to the director of the Fiscal Division of the Depart ment of Administrative Services and the mutual benefit to the parties from the construc tion, operation, and maintenance of said beach renourishment program.
Section 9. That all notices hereunder, given by either party to the other, shall be in writing and sent by United States certified mail, postage prepaid, marked "show to whom, date, and address of delivery" to the party to be notified at such address as will be provided by the parties. The day upon which any such notice is mailed shall be the date of service. Either party may from time to time by notice to the other designate a dif ferent address to which notices shall be sent.
Section 10. That all time limits stated herein are of the essence of this easement.
Section 11. That the City of Tybee Island shall not assign this easement, or any interests herein, without the written consent of the State of Georgia, acting by and through the commissioner of natural resources, first having been obtained. The State of Georgia, acting by and through the commissioner of natural resources, in its sole discre tion, may withhold or refuse to give its consent to any proposed assignment and to any proposed use or occupancy by any party other than the City of Tybee Island. Any assign ment without the prior consent of the State of Georgia will be void ab initio and shall at the option of the State of Georgia terminate this easement. Consent to one assignment shall not invalidate this provision, and all later assignments shall likewise be made only on prior written consent of the State of Georgia. The terms "assign" and "assignment" used herein shall include assignment by operation of law.
Section 12. That the City of Tybee Island will incorporate into any activities con ducted pursuant to this easement such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the Atlan tic Ocean or onto property of the State of Georgia including the foreshore.
That the City of Tybee Island will incorporate in any and all of its contracts or agree ments for activities conducted pursuant to this easement a requirement that contractors will incorporate such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the Atlantic Ocean or onto property of the State of Georgia including the foreshore. Excepted from this requirement are any contracts existing on the date of this easement between the City of Tybee Island

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and the Georgia Ports Authority and between the Georgia Ports Authority and the United States Army Corps of Engineers pertaining to the construction of the facilities.
Section 13. That all operations which are conducted under this easement by the City of Tybee Island shall be: (a) in compliance with all applicable provisions of all state envi ronmental and natural resources laws administered or enforced by the Georgia Department of Natural Resources or its successor and with all applicable policies of the Georgia Shore Protection Committee and Coastal Marshlands Protection Committee or their successors; and (b) subject to all regulations which may be lawfully adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia. Nothing herein shall be deemed to restrict the power of the State of Georgia or its agencies or political subdivisions to enforce all applicable provisions of law and all applicable regulations including local zoning powers. It is specifically provided that the Georgia Department of Natural Resources shall have the right and authority to inspect any portion of the dredg ing or renourishment operation during reasonable hours without giving prior notice.
Section 14. That any taking, use, or disposition of any sand by the City of Tybee Island in contravention of any existing or future Act of the General Assembly of Georgia or of the Congress of the United States, or any existing or future regulation adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia or Congress of the United States, including, but not limited to, Article 2 of Chap ter 5 of Title 12 of the O.C.G.A., the "Georgia Water Quality Control Act," as amended; Part 3 of Article 2 of Chapter 4 of Title 12 of the O.C.G.A., the "Georgia Surface Mining Act of 1968," as amended; Part 2 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Shore Protection Act," as amended; and Part 4 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the "Coastal Marshlands Protection Act of 1970," as amended, if applica ble, or in contravention of any permit issued to the City of Tybee Island pursuant to any of the aforesaid Acts, statutes, or laws shall render this easement null and void.
Section 15. That this grant of easement shall be recorded by the City of Tybee Island in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
Section 16. That the City of Tybee Island shall have and hold the premises so long as the premises are used for the purposes and in accordance with the terms and conditions herein set forth, or until terminated by the Georgia General Assembly, and without war ranty of any type, kind, or nature whatsoever.
Section 17. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 18. That all laws and parts of laws in conflict with this resolution are repealed.

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

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux

YBostick Breedlove
Y Brooks,D Y Brooks.T Y Brown Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty

Y Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
Y Co* Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson Y Dii Y Dixon.H

Y Dixon,S Dobbs Dover
Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd^.W Y Godbee Y Golden
Goodwin

FRIDAY, FEBRUARY 26, 1993

1055

Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J

Y Johnston Jones
E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox EMann Y Martin Y McBee
Y McClinton McKinney.B
Y Milam Y Mills

Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall Randolph YRay

Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y SherriU Y Shipp
Simpson
Sinkfleld Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P
Smith,T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S
Stanley.L Stanley,P

Y Stephenson Y Streat Y Taylor
Teague NTeper
Thomas.C Y Tillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Vaughan Y Walker YWall Y Watoon Y Watts Y Westmorland
White Y Williams,B Y Williams.R YYates YYeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 146, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Henson of the 65th and Thomas of the 100th 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 384. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for withholding tax on certain distributions by partnerships, Subchapter "S" corporations, and limited liability companies to certain nonresidents.

The following Committee substitute was read:

A BILL
To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to current income tax payment, so as to provide for withholding tax on cer tain distributions by partnerships, Subchapter "S" corporations, and limited liability companies to certain nonresidents; to provide for definitions; to provide for procedures; to provide for penalties; to provide for returns; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to current income tax payment, is amended by adding a new paragraph immediately following paragraph (2) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraph (2.1), to read as fol lows:
"(2.1) 'Distribution paid or credited' shall mean any disbursement of funds or recog nition or assignment of interest in proceeds or property of a partnership, Subchapter 'S'

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corporation, or limited liability company which is passed through to the members and which may be subject to Georgia income tax."
Section 2. Said article is further amended by adding two new paragraphs immedi ately following paragraph (6) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraphs (6.1) and (6.2), to read as fol lows:
"(6.1) 'Member' shall mean partner, shareholder, or other person to whom the taxpaying obligation of the partnership, Subchapter 'S' corporation, or limited liability company falls.
(6.2) 'Nonresident' shall mean an individual member who resides outside this state and a foreign or domestic corporate member whose headquarters or principal place of business is located outside this state."
Section 3. Said article is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-128, to read as follows:
"48-7-128. (a) (1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or credited to members who are not residents of Georgia.
(2) The amount of tax to be withheld for each nonresident member shall be deter mined by multiplying the distribution paid or credited by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year.
(3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article.
(4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b) (1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' shall mean a return filed by a partnership, Subchapter 'S' corporation, or limited lia bility company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members.
(2) Where a partnership, Subchapter 'S' Corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the compos ite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section.
(3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and col lected in the same manner as all other withholding taxes imposed by this article. (c) (1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partner ship, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed.

FRIDAY, FEBRUARY 26, 1993

1057

(2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and col lected in the same manner as withholding tax imposed by this article, (d) (1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall file the required return on a form approved by the com missioner and remit payment to the department on or before the last day of the calen dar month following the calendar month within which the distribution was paid or credited.
(2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter 'S' corporation, or limited liability company, the name of the member of the partnership, Subchapter 'S' corporation, or limited liability company, the member's federal tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such additional information as the commissioner may prescribe. The partnership, Subchapter 'S' corporation, or limited liability company shall file copies of all such written statements with the commis sioner.
(3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Sec tion 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e) (1) Notwithstanding subsection (a) of this Code section, a partnership, Subchap ter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if:
(A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner;
(B) The aggregate annual distributions made to a member are less than $1,000.00;
(C) A federally chartered Subchapter 'S' corporation fails to meet the require ments of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax;
(D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may pre scribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company will not be required to comply with the withholding requirements due to undue hardship; or
(E) The member meets one of the exceptions as set forth in the rules and regu lations promulgated by the commissioner.
(2) Where distributions paid or credited to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law, such distributions shall not be subject to with holding under subsection (a) of this Code section.
(f) The commissioner is authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section."

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable with respect to any distribution paid or credited after January 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 384 by inserting "or represent a return of such member's investment or a return of capital" between "law" and the comma on line 10 of page 7.

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 Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDix Y Dixon.H
Y Diion,S Dobbs Dover
YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden
Goodwin Y Greene Y Groover N Hammond N Manner Y Harris.B Y Harris.M YHart Y Heard
Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane.D YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Martin YMcBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett YParham
Y Parrish Y Patten E Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter YPoston Y PoweU YPurcell
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal YScoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague YTeper Y Thomas,C YTillman Y Titus Y Towery YTrerae
Turnquest YTwiggs YVaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Willianu.R
YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Henson of the 65th 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.

FRIDAY, FEBRUARY 26, 1993

1059

Representative Manner of the 159th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 385. By Representatives Dover of the 9th, Jamieson of the 22nd, Harris of the 112th, Royal of the 164th and Skipper of the 137th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for liens.

By unanimous consent, further consideration of HB 385 was postponed until Wednes day, March 3, 1993, immediately following the period of unanimous consents.

HB 750. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th, Colwell of the 7th, Walker of the 141st and others:
A bill to amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members.

The following substitute, offered by Representatives Twiggs of the 8th and Cummings of the 27th, was read and adopted:

A BILL
To amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members; to repeal conflicting laws, and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and eligibility for a retirement allowance, is amended by inserting at the end thereof the following:
"47-2-111. Any other provision of law to the contrary notwithstanding, any member stated in subparagraphs (B) through (E) of paragraph (1) of subsection (b) of Code Sec tion 47-2-110 who is subject to the provisions of Code Section 47-2-123 and who retires upon or after attaining the age of 55, whether or not retirement at such age is required by law, shall upon application receive a retirement allowance which shall consist of:
(1) In the case of a member with at least 15 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 60 had the member continued in service to age 60 without further change in compensation, provided that this paragraph shall not apply to a member whose employment was terminated by involuntary separation without prejudice;
(2) In the case of a member with at least 20 years of service, the service retirement allowance which would have been payable upon service retirement at age 60 had the member continued in service to age 60 without further change in compensation;
(3) In the case of a member with at least 25 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensa tion; or
(4) In the case of a member with at least 30 years of service, the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation. Any provisions of this chapter to the contrary notwithstanding, in the application of the above paragraphs of this subsection relating to allowances other than for disability or

1060

JOURNAL OF THE HOUSE,

death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contri butions made during the last 24 calendar months in which the member had made contri butions, except that no salary increase by adjustment in compensation in any manner in excess of 10 percent during the last 12 months of membership service shall be included in the projected computation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Y Atkins
Y Bailey Y Baker
Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks,D Y Brooks.T
Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox
Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W Godbee Y Golden Good win Y Greene Groover Y Hammond Hanner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Y JohnsonJXH Y Johnson,E
Y Johnson.G Y Johnson,J
Y Johnston Jones
E Joyce YKaye Y Kinnamon
Y Klein Ladd
YLakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B
Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller
Oliver YO'Neal
Orrock Y Padgett YParham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak
Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts
Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre
Snow
Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Streat Y Taylor
Teague YTeper Y Thomas,C YTillman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Vaughan Y Walker YWall
Y Wataon Y Watts Y Westmoreland Y White Y WiUiams,B Y Williams.R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 287. By Representatives Towery of the 30th, Johnson of the 153rd, Walker of the 141st, Skandalakis of the 45th, Hughes of the 19th and others:
A resolution urging state correctional institutions to refrain from providing cable television or satellite television service to inmates.

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:

FRIDAY, FEBRUARY 26, 1993

1061

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron YBames Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks,D
N Brooks,T Y Brown YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle
Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
NCox Y Crawford Y Crews Y Culbreth N Cummings N Davis.G Y Davis,M Y Dickinson YDix
Y Diion,H Y Dixon,S
Dobbs Y Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris,M YHart Y Heard N Hegstrom
Y Hembree Y Henson
Y Holland

Y Holmes Howard
Y Hudson N Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson.J Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D NLane,R
Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox EMann N Martin YMcBee Y McClinton N McKinney.B YMilam Y Mills

N Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal NOrrock Y Padgett YParham Y Parrish Y Patten
E Pelote N Perry Y Pinholster YPoag N Polak Y Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts N Royal Y Scoggins YShanahan Y Sherrill YShipp Y Simpson
Sinkfleld Y Skandalakis Y Skipper

Y Smith,C Y Smith.L Y Smith,P Y Smith,T Y Smith,V
Y Smith,W YSmyre
YSnow Y Stancil.F Y Stancil,S Y Stanley.L
Y Stanley,P Y Stephenson
Y Streat Y Taylor N Teague N Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense N Turnquest
Y Twiggs Y Vaughan Y Walker YWall Y Watson
Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 143, nays 19. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Davis of the 48th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 782. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement bene fit increases.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks.D Y Brooks,T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker
Coleman,B Y Coleman.T Y Colwell
Connell YCox

Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart

YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B

1062

JOURNAL OF THE HOUSE,

Y Harris,M Hart
Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G
Y JohnsonJ Y Johnston
Jones E Joyce YKaye

Y Kinnamon Y Klein
YLadd Y Lakly Y LaneJD Y Lane.R Y Lawrence
Y Lawson YLee Y Lewis
Lord Y Lucas
Y Maddox E Mann
Y Martin YMcBee Y McClinton
McKinney,B Y Milam Y Mills Y Mobley.B
Y Mobley,J Y Moore

Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert

Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfleld Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith.P
Smith.T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley.L Y Stanley,P Y Stephenson

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

Y Streat Y Taylor
Teague YTeper Y Thomas,C
Tillman Y Titus Y Towery
Trense Y Turnquest YTwiggs Y Vaughan Y Walker YWall
Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

Due to mechanical malfunction, the vote of Representative Coleman of the 80th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 714. By Representatives Skipper of the 137th, Dixon of the 150th, Johnson of the 153rd, Chandler of the 99th and Watson of the 139th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Anno tated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects.

The following amendments were read and adopted:

Representative Skipper of the 137th moves to amend the Committee substitute to HB 714 by striking on lines 20 through 27 of page 3 the following:
"j if such person earned his or her degree prior to July 1^ 1993; or
(B) Have three years of training in the actual practice of landscape architecture subse quent to receiving such undergraduate degree as may be approved by the board, if such person earned his or her degree on or after July 1^ 1993.",
and inserting in lieu thereof the following:

(B) Have earned a postgraduate degree in landscape architecture from a college or school of landscape architecture or environmental design approved by the board."
By striking on line 15 of page 4 the following: "three years' experience requirement", and inserting in lieu thereof the following: "18 months' experience requirement or the educational equivalent".

FRIDAY, FEBRUARY 26, 1993

1063

Representative Skipper of the 137th moves to amend the Committee substitute to HB 714 by striking line 28 of page 2, which reads as follows:
"Bachelor of Arts degree in landscape architecture",
and inserting in lieu thereof the following:
"Bachelor of Landscape Architecture degree". By striking lines 7 and 8 of page 4, which read as follows: "yees ef education a Bachelor of Arts degree in landscape architecture or a Bachelor of Science degree",
and inserting in lieu thereof the following:
"yews ef education a Bachelor of Landscape Architecture degree or a Bachelor of Sci ence of Landscape Architecture degree".

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
YBarnes Y Bates Y Benefield
Y Birdsong Y Bordeaux YBostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel!
Y Childers Y Clark Y Coker Y Coleman.B
Y Coleman,T

Y Colwell Connell
YCoi Y Crawford
Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis,M
Y Dickinson YOU Y Don,H Y Dixon.S
Dobbs Dover YEhrhart YEpps Y Evans Y Felton Y Floyd.J.M Y Floyd,J.W YGodbee Y Golden Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris,M Hart Y Heard Y Hegstrom Y Hembree YHenson Y Holland

Y Holmes Howard
Y Hudson
Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Johnson.D.H
Y Johnson.E
Y Johnson,G Y JohnsonJ Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddoi E Mann Y Martin YMcBee Y McClinton
McKinney,B Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'NeaJ Y Orrock
Y Padgett YParham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Smith.L
Y Smith,P Smith.T
Y Smith,V
Y Smith,W Smyre Snow
Y Stancil,F Y StanciLS Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C
Tillman
N Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall
Watson Watts Y Westmorland
White Y WiUiams,B Y Williams.R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

1064

JOURNAL OF THE HOUSE,

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

HR 149. By Representatives Buckner of the 95th, Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A resolution expressing support for the Clayton County Olympic Coordinat ing Committee and urging the Atlanta Committee for Olympic Games to award the Women's Fast-Pitch Softball event to Clayton County.

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

N Ashe N Atkins Y Bailey N Baker
Bannister N Barfoot N Bargeron NBames
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks,D Y Brooks.T Y Brown YBuck Y Buckner N Bunn N Burkhalter
YByrd Campbell
Y Canty Y Carlisle
Y Carrell Y Carter N Cauthorn Y Chambless
Chandler Y Channell Y Childers N Clark N Coker
N Coleman.B Y Coleman.T

Y Colwell Connell
YCox N Crawford N Crews Y Culbreth
Cum m ings Davis,G N Davis,M
Dickinson YDi*
Dixon.H
Y Dixon.S Dobbs Dover
N Ehrhart YEpps Y Evans
Felton N Floyd,J.M Y Floyd,J.W NGodbee Y Golden
Goodwin Y Greene Y Groover N Hammond Y Banner Y Harris.B Y Harris.M NHart Y Heard N Hegstrom Y Hembree Y Henson N Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson ,E Y Johnson.G Y Johnson,J Y Johnston
Jones E Joyce NKaye
Y Kinnamon N Klein
NLadd N Lakly
Lane.D Lane.R N Lawrence
Y Lawson YLee N Lewis
YLord Lucas
N Maddox E Mann Y Martin Y McBee N McClinton Y McKinney,B YMilam Y Mills

N Mobley.B N Mobley,J N Moore
Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock N Padgett Y Parham Y Parrish
Patten
E Pelote Y Perry Y Pinholster NPoag N Polak
Y Porter Poston
Y Powell
Y Purcell Randall
Randolph YRay
Reaves Reichert Roberts Y Royal
Y Scoggins Y Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

Smith,C Y Smith.L Y Smith,P
Smith.T N Smith,V
Y Smith,W Smyre
NSnow Y Stancil,F N Stancil,S Y Stanley,L Y Stanley,? N Stephenson Y Streat Y Taylor
Teague N Teper
Thomas.C Y TiUman N Titus N Towery Y Trense N Turnquest Y Twiggs N Vaughan
Walker Y Wall Y Watson Y Watte Y Westmoreland
White N Williams.B N Williams.R NYates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 91, nays 53. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Henson of the 65th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Cauthorn of the 35th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR 149.

FRIDAY, FEBRUARY 26, 1993

1065

HB 492. By Representatives Mueller of the 152nd, Purcell of the 147th, Dixon of the 150th, White of the 161st, Hembree of the 98th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills.

The following Committee substitute was read and adopted:

A BILL
To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is valuable for the education of blind stu dents; to provide for an evaluation of skills; to provide for exceptions; to provide for ele ments of an individualized education program; 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 30 of the Official Code of Georgia Annotated, relating to handi capped persons, is amended by adding a new chapter to be designated Chapter 7 to read as follows:
"CHAPTER 7
30-7-1. This chapter shall be known and may be cited as the 'Blind Persons' Literacy Rights and Education Act.'
30-7-2. As used in this chapter, the term: (1) 'Blind student' means an individual who is eligible for special education ser
vices and who: (A) Has a visual acuity of 20/200 or less in the better eye with correcting lenses
or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or
(B) Has a medically indicated expectation of visual deterioration. (2) 'Braille' means the system of reading and writing through touch commonly known as standard English Braille. (3) 'Individualized education program' means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1401(a)(20). 30-7-3. (a) Each blind student must be identified and, if appropriate, offered an individualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan. (b) No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print. (c) Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child. (d) Nothing in this Code section shall require the inclusion of Braille in a blind student's individualized education program. 30-7-4. (a) Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of pro ficiency expected of the student's peers of comparable ability and grade level. (b) For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following:

1066

JOURNAL OF THE HOUSE,

(1) The results obtained from the evaluation required under Code Section 30-7-3; (2) How instruction in Braille will be implemented as the primary mode for learn ing through integration with other classroom activities; (3) The date on which Braille instruction will commence; (4) The length of the period of instruction and the frequency and duration of each instructional session; and (5) The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used, (c) For a student whose reading and writing performance is evaluated as commensu rate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individualized education program meeting shall include a statement which docu ments that the absence of Braille instruction or use will not impair the student's ability to read and write effectively."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux
Y Bostick Y Breedlove
Y Brooks,D Brooks.T
Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Chandler Y Channell Y Childere Y Clark YCoker Y Coleman.B Y Coleman,T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis,M Y Dickinson YDix
Dixon,H Y Dixon,S
Dobbs Y Dover YEhrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden
Goodwin Y Greene
Y Groover Y Hammond Y Banner Y Harris.B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson
Y Jenkins Johnson,D.H
Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Jones E Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton
McKinney.B Milam Y Mills

Y Mobley.B Y Mobley,J
Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Porter YPoston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal Y Scoggins
Shanahan Y Sherrill YShipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Smith,L
Y Smith,P Y Smith,T Y Smith,V Y Smith,W
Smyre Snow Y StanciLF
Y Stancil,S Y Stanley,L Y Stanley,P Y Stephenson
Y Streat Y Taylor
Teague YTeper
Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan
Walker Y Wall
Watson Watts Y Westmoreland
White Y Williams,B Y Williams.R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 492 was ordered immediately transmitted to the Senate.

FRIDAY, FEBRUARY 26, 1993

1067

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
SR 225. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 225. By Senators Garner of the 30th, Robinson of the 16th and Hooks of the 14th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 26, 1993, and shall reconvene on Monday, March 1, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 1 may be as ordered by the Senate; and the hour for convening the House on March 1 may be as ordered by the House.

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

YAshe Y Atkins
Y Bailey Baker
Y Bannister
Barfoot Y Bargeron
Y Barnes Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks.D Y Brooks.T
Y Brown YBuck
Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless
Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCoi Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Dixon.H
Y DUon,S Y Dobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Floyd,J.W
Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland

Y Holmes Howard
Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones
E Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D
Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox EMann Y Martin YMcBee Y McClinton Y McKinney,B
Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert
Roberta Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith,L Y Smith.P Y Smith,T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson
Y Street Y Taylor
YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall
Watson Watts Y Westmoreland White Y Williams,B Y WilliamsJR Y Yates Y Yeargin Murphy,Spkr

1068

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution was adopted.

The following Resolution of the House was read and adopted:

HR 359. By Representatives Martin of the 47th, Childers of the 13th, Polak of the 67th, Streat of the 167th, Purcell of the 147th and others: A resolution commending Joseph E. Wilber, M.D.

Representative Lee of the 94th assumed the Chair.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 787. By Representatives Smith of the 169th, Yeargin of the 90th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, is amended by striking from subsection (a) the descriptions of representative districts No. 48, 56, 57, 59, 60, 62, 64, 65, 93, 96, 110, 112, 113, 114, 123, 128, 137, 138, 140, 141, 159, 162, 163, 164, 166, 169, 171, 172, 173, and 175 and inserting in lieu thereof new descriptions of said districts to read as follows:
"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

FRIDAY, FEBRUARY 26, 1993

1069

VTD: 0024 2J 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: 0053. Block(s): 401
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, 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"
"Diatrict: 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)

1070

JOURNAL OF THE HOUSE,

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. 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 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, 116, 117, 120, 121, 126, 131B
Tract: 0048. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 209, 210, 211
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: 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 U (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): 101, 102, 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

FRIDAY, FEBRUARY 26, 1993

1071

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: 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 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): 203B, 206B, 221, 222, 223 VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 220, 221 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 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, 218, 219 VTD: OOAW SHALLOWFORD

1072

JOURNAL OF THE HOUSE,

VTD: OOAY SILVER LAKE VXD: 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: 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): 101B, 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224"
District: 64
DEKALB COUNTY VTD: 0051 HAMBRICK 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: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402 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: OOBB SMOKE RISE

FRIDAY, FEBRUARY 26, 1993

1073

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 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): 403, 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: 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, 316 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 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, 313 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04

1074

JOURNAL OF THE HOUSE,

Block(s): 330C, 333C, 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"
"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, 301A, 310A, 310B, 310C 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, 301B, 315, 316, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.05 Block(s): 221B 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: 110
JASPER COUNTY MONROE COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02

FRIDAY, FEBRUARY 26,1993

1075

Block(s): 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.
Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327,
328, 341, 343, 347, 377, 378, 379 VTD: 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: 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, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 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
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: 90064
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,

1076

JOURNAL OF THE HOUSE,

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): 537, 538, 701, 702, 703, 704, 705 VTD: 0007 PRECINCT SIXTY VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 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 VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
PROVIDED, HOWEVER, that District 113 shall not include any portion of the City of Augusta located in Columbia County; and for this purpose the corporate limits of the City of Augusta shall be those determined by the laws of the State of Georgia and not those shown on the census map for the United States decennial census of 1990 for the State of Georgia.
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
PROVIDED, HOWEVER, that District 114 shall include, in addition to the above-described territory in Columbia County, any portion of the City of Augusta located in Columbia County, and for this purpose the cor porate limits of the City of Augusta shall be those determined by the

FRIDAY, FEBRUARY 26, 1993

1077

laws of the State of Georgia and not those shown on the census maps for the United States decennial census of 1990 for the State of Georgja. 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: 123
WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108 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, 329, 330, 331, 332, 333, 334, 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"
"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.

1078

JOURNAL OF THE HOUSE,

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): 201A, 201B, 204A, 204B, 204C Tract: 0211.01 Block(s): 101A, 101B, 115A, 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 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, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301B, 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

FRIDAY, FEBRUARY 26, 1993

1079

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, 211B
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, 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): 901D, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919
MARION COUNTY VTD: 0010 DRANEVILLE VTD: 0015 DOYLE

1080

JOURNAL OF THE HOUSE,

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, 734, 735, 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,
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,

FRIDAY, FEBRUARY 26, 1993

1081

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, 196, 197 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 Tract: 9508. Block(s): 202, 203 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

1082

JOURNAL OF THE HOUSE,

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
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, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439,

FRIDAY, FEBRUARY 26, 1993

1083

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, 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, 360

1084

JOURNAL OF THE HOUSE,

Tract: 9703. Block(s): 101, 102, 103, 108, 110, 111, 112, 113, 130
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 202, 203A, 203B, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308B, 308C Tract: 0211.01
Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B
VTD: 0009 LII
VTD: 0010 UII (Part) Tract: 0211.02
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, 109, 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, 223, 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,

FRIDAY, FEBRUARY 26, 1993

1085

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"
"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, 206, 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, 253, 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. 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

1086

JOURNAL OF THE HOUSE,

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): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 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, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)

FRIDAY, FEBRUARY 26, 1993

1087

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
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, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 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): 101B, 102A, 102B, 103, 104, 105, 106, 107, 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, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904, 905
VTD: 0008 NSJH (Part)
Tract: 0201.01
Block(s): 117, 118A, 118B
Tract: 0201.02
Block(s): 224, 225, 226, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0011 10TH (Part)

1088

JOURNAL OF THE HOUSE,

Tract: 0212. Block(s): 104, 105, 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): 302A, 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, 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"
"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.

FRIDAY, FEBRUARY 26, 1993

1089

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
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.
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

1090

JOURNAL OF THE HOUSE,

VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s): 120, 121, 122 Tract: 9508. Block(s): 204, 205"
"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, 313, 314, 315, 320, 321 VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001. Block(s): 303, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422 Tract: 0002. Block(s): 101, 102, 114, 115, 119, 121, 132, 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 Tract: 0103.01 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, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158 Tract: 0103.02 Block(s): 114 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 (Part) Tract: 0001. Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 420, 421, 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, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611 Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract: 0101. Block(s): 208A

FRIDAY, FEBRUARY 26, 1993

1091

Tract: 0107. Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146
VTD: 0027 SYLVANDALE ELEMENTARY SCH (Part) Tract: 0103.02 Block(s): 112, 113, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 519, 520, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618
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 VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0103.01 Block(s): 101A 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

1092

JOURNAL OF THE HOUSE,

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, 113, 114, 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) 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,

FRIDAY, FEBRUARY 26, 1993

1093

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
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,

1094

JOURNAL OF THE HOUSE,

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: 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, 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): 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.

FRIDAY, FEBRUARY 26, 1993

1095

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
VXD: 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: 169
BACON COUNTY BRANTLEY COUNTY CHARLTON COUNTY
VTD: 0003 3 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, 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 (Part) Tract: 9603. Block(s): 121, 122, 128, 129, 130, 131, 132, 155, 162, 163A, 163B, 164A, 164B, 165, 167, 168, 169, 170A, 170B, 171, 172A, 172B, 173A, 173B, 233, 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, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 305, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 318C, 319, 320, 321, 322, 323, 324, 325, 326, 327, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 401A, 401B, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443,

1096

JOURNAL OF THE HOUSE,

444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467A, 467B, 468A, 468B, 468C, 469, 470, 471, 472, 473, 474 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, 451, 452, 453, 454, 455, 456, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 483, 485 VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C"
"District: 171
LONG COUNTY LIBERTY COUNTY
VTD: 0009 2-0009 PIERCE COUNTY
VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 304, 328, 329
VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603. 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 (Part) Tract: 9604. Block(s): 201B, 201C, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237A, 237B, 237C, 237D, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 478, 479, 480, 481, 482
VTD: 0004 OTTER CREEK 3B VTD: 0005 PATTERSON 4A

FRIDAY, FEBRUARY 26, 1993

1097

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): 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 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, 220C, 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, 387A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011
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

1098

JOURNAL OF THE HOUSE,

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, 118D, 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.
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

FRIDAY, FEBRUARY 26, 1993

1099

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, 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: 175
CAMDEN COUNTY CHARLTON COUNTY
VTD: 0001 1 VTD: 0002 2 VTD: 0004 4 VTD: 0005 5 (Part)
Tract: 9901. Block(s): 149, 184, 185, 187, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483"

Section 2. Said Code section is further amended by striking paragraph (3) of subsec tion (d) and inserting in its place a new paragraph to read as follows:
"(3) Whenever Except as otherwise provided in the descriptions of representative districts No. 113 and 114, whenever the description of any representative 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; and".

1100

JOURNAL OF THE HOUSE,

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all elections for members of the House of Representatives held on and after its effective date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe N Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks,D Y Brooks,T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman,T

Colwell N Connell
YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix
Dixon.H Y Dixon,S
Dobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M
FloydJ.W YGodbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J
Y Johnston Jones
E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee
Lewis Lord Y Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith,C Smith.L
Y Smith,P Y Smith,T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas,C Y Tilbnan Y Titus Y Towery Y Trense
Turnquest
Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmorland
White Y Williams.B N Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 787 was ordered immediately transmitted to the Senate.

The Speaker Pro Tem assumed the Chair.

Representative Smyre of the 136th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

FRIDAY, FEBRUARY 26, 1993

1101

HB 436 Do Pass, by Substitute HB 482 Do Pass, by Substitute HB 527 Do Pass, by Substitute

HB 677 Do Pass HB 811 Do Pass SB 103 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 485 Do Pass, by Substitute HB 507 Do Pass

HB 820 Do Pass, as Amended HB 870 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Snow of the 2nd District, Vice-Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 669 Do Pass HB 751 Do Pass, by Substitute HR 330 Do Pass, by Substitute

SB 90 Do Pass SB 91 Do Pass SB 93 Do Pass

Respectfully submitted, /s/ Snow of the 2nd
Vice-Chairman

Pursuant to SR 225, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 1,1993.

1102

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 1, 1993

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:

Ashe Bailey Barfoot Bargeron Barnes Bates Benefleld Birdsong Bordeaux Bostick Breedlove Brooks.D Brooks.T Buck Buckner Bunn Burkhalter Byrd Campbell
Canty Carlisle Carter CChauamthbolrenss
Chandler Channell
Childera Clark Coker

Coleman,B Coleman.T Colwell Connell Cox Crawford Crews Culbreth Cummings Dickinson Dixon.H Dixon.S Dobbs Dover Ehrhart Epps Floyd,J.M Floyd,J.W Golden
Greene Hammond Hanner HHaarrrriiss.,BM
Hart Heard
Hegstrom Hembree Holland

Howard Hudson Hughes Hugley James Jamieson Johnson.D.H Johnson,E Johnson.G Johnson,J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane,D
Lane,R Lawrence Lee LLeowrdis
Lucas Maddox
Martin McBee McKinney,B

Mitam Mills Mobley,J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Pinholster Poag Polak Powell Purcell Randall Randolph
Ray Reaves Reichert RRooybaelrts
Scoggins Shanahan
Sherrill Shipp Skandalakis

Skipper Smith.C Smith.L Smith,? Smith.T Smith.V Smith.W Stancil.F Stancil,S Stephenson Streat Taylor Teague Teper Tillman Titus Towery Trense Twiggs
Vaughan
Watson W,,W. easttt. smorel, and,
whlte Wilhams.B
Vates Yeargin Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Wall of the 82nd, Williams of the 114th, Atkins of the 29th, Godbee of the 145th, Bannister of the 77th, Groover of the 125th, Sinkfield of the 57th, Carrell of the 87th, Davis of the 60th, Patten of the 176th, Porter of the 143rd, Stanley of the 50th, Lawson of the 20th, Baker of the 70th, Mobley of the 69th, Evans of the 28th, McClinton of the 68th, Thomas of the 100th, Perry of the llth, Poston of the 3rd, Goodwin of the 79th, Simpson of the 101st, Turnquest of the 73rd, Dix of the 76th, Henson of the 65th, Snow of the 2nd, Smyre of the 136th, Jenkins of the 110th and Felton of the 43rd.
They wish to be recorded as present.

Prayer was offered by Dr. Ken Ross, Pastor, Second Baptist Church, Rome, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

MONDAY, MARCH 1, 1993

1103

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 921. By Representatives Wall of the 82nd, Dix of the 76th, Johnson of the 84th, Johnston of the 81st, Bannister of the 77th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to provide for an additional judge for the State Court of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 922. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 923. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and bud getary processes, so as to change provisions relating to state budgetary pro cesses; to define certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chap ter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legis lative procedures for fiscal legislation, so as to change provisions relating to fiscal notes.
Referred to the Committee on Appropriations.

HB 924. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to reconstitute the Board of Education of Talbot County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 925. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Employees' Retirement System of Georgia, so as to provide for a postretirement benefit adjustment for a definition relative thereto.
Referred to the Committee on Retirement.

1104

JOURNAL OF THE HOUSE,

HB 926. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Culbreth of the 132nd:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to provide for a cross-reference; to authorize certain municipal courts of unified or con solidated governments to try and dispose of all misdemeanor offenses.
Referred to the Committee on Judiciary.

HB 928. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, so as to define a certain term; to provide that a dispensing device used to dispense compressed natural gas shall display the measurement of such gas in a certain manner; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters.
By unanimous consent, HB 928 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 929. By Representatives Godbee of the 145th and O'Neal of the 75th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Insti tutions Act of 1990," so as to change the provisions relating to definitions; to change the exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor.
Referred to the Committee on Education.

HB 930. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to provide a homestead exemption from Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual income not exceeding $22,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 938. By Representatives Dover of the 9th and Godbee of the 145th:
A bill to amend Code Section 20-3-250.6 of the Official Code of Georgia Annotated, relating to minimum standards for nonpublic postsecondary edu cational institutions, so as to exclude certain financial reports from being public records and being subject to public disclosure.
Referred to the Committee on Judiciary.

HB 940. By Representative Stancil of the 91st:
A bill to amend an Act incorporating the City of Watkinsville, so as to change the provisions relating to the date of city elections; to provide for the terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 1, 1993

1105

HB 941. By Representatives Yeargin of the 90th and Powell of the 23rd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdiction of the authority; to revise the scope and defini tion of a project of the authority.
Referred to the Committee on State Planning & Community Affairs.

HR 356. By Representatives Colwell of the 7th, Davis of the 60th, Greene of the 158th and Williams of the 63rd:
A resolution urging the Department of Corrections to rename the DeKalb Diversion Center the J. E. (Jimmy) Helms Diversion Center.
Referred to the Committee on State Institutions & Property.

HR 357. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County to the City of Cartersville.
Referred to the Committee on State Institutions & Property.

HR 358. By Representatives Stanley of the 49th and Stanley of the 50th: A resolution creating the House Third School Meal Study Committee.
Referred to the Committee on Rules.

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

HB 949. By Representatives Chambless of the 163rd, Williams of the 114th, Towery of the 30th and Milam of the 130th:
A bill to amend Chapter 13 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance holding company systems, and Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise provisions regarding the payment of divi dends by certain insurers.
Referred to the Committee on Insurance.

HB 952. By Representatives Smith of the 169th, Mosley of the 171st and Streat of the 167th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licensing required for electrical, plumbing, or conditioned air contracting, so as to grandfather in those individuals eligible in 1983 as long as license fees are paid.
Referred to the Committee on Industry.

1106

JOURNAL OF THE HOUSE,

HB 953. By Representatives White of the 161st, Taylor of the 134th, Hugley of the 133rd, Kinnamon of the 4th, Clark of the 40th and others:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educa tional Institutions Act of 1990," so as to change the provisions relating to minimum standards for educational institutions; to require records of place ment of graduates from institutions.
Referred to the Committee on Education.

HB 954. By Representatives Henson of the 65th, Lawson of the 20th, Sherrill of the 62nd, Jones of the 71st, McClinton of the 68th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of the project of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, and the Lake Lanier Islands Development Authority shall not be exempt from and shall be subject to certain taxes.
Referred to the Committee on Ways & Means.

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

HB 905 HB 906 HB 907 HB 908 HB 909 HB 910 HB 911
HR On no yio
HHBB 991145
HB 916 HB 917
HB 918 HB 919 HB 920
HB 927 HB 931

HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 939
HB 351 U"D occ
TM B 3^41
SB 142 SB 166
SB !88 SB 223 SB 240
SR 93 SR 210

Representative Lane of the 55th 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 888 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

MONDAY, MARCH 1, 1993

1107

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

HOUSE RULES CALENDAR MONDAY, MARCH 1, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:
HB 190 Crim proceedings; third-year law students as assistants HB 257 Solid waste management; scrap tire disposal; amend provisions HB 264 Limited Liability Company Act; enact HB 311 Revenue Dept; enforcement officer; retain weapon/badge on retirement HB 337 Dispossessory proceedings; writ of possession HB 376 Elections; withdrawal of nominated candidate HB 402 Courts; funds paid into registry; deposit HB 403 Sheriffs; certain counties; deposit of funds HB 446 Jury commissioners and clerk; compensation (Recon.) HB 491 Respiratory care; amend provisions HB 689 Hospital authorities; merger; reactivation; vacancies HB 719 911 telephone service; military bases HB 755 Municipal property; trade or swap; bid requirements; exception HB 882 Criminal Justice Coordinating Council; membership
SR 127 Chatham County; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /&/ Lee of the 94th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 888. By Representative Smith of the 109th: A bill to provide a new charter for the City of Flovilla.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 780. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary of the coroner.

1108

JOURNAL OF THE HOUSE,

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

SB 284. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the city of Austell, as amended, so as to change certain provisions relating to the administrative responsibilities of the mayor, city council, and the directors of various city departments; to change certain provisions relating to the exercise of the mayor's veto.

SB 297. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to provide for additional powers, duties, and authority of the mayor and council of the City of Newnan with respect to cable television ser vices and systems; to provide for legislative intent; to provide for purposes; to provide for eminent domain; to provide for issuance of bonds.

HB 470. By Representatives Skipper of the 137th and Manner of the 159th:
A bill to amend an Act creating the state court of Sumter County, so as to change the beginning date of the January term of court.

HB 717. By Representative Perry of the llth:
A bill to amend an Act incorporating the Town of Trion, so as to reconsti tute the Board of Education of the Town of Trion and provide for its pow ers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 793. By Representative Jenkins of the 110th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the districts from which commissioners are elected.

SB 116. By Senators Scott of the 36th, Newbill of the 56th and Langford of the 35th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to the inadmissibility of evidence obtained in certain areas by speed detection devices, so as to eliminate the restriction on the use of radar on highways having a grade in excess of 7 percent.

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

SB 252. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release, escape, or transfer to a halfway house.

MONDAY, MARCH 1, 1993

1109

SB 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and others:
A bill to amend Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support, generally, when such revision is autho rized, petition and hearing, cohabitation with third party as ground for revi sion, attorney's fees, and temporary modification pending final trial, so as to change the provision relating to cohabitation as grounds for revision.

SB 280. 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 correct and clarify certain references to insurance brokers and solicitors.

SB 294. By Senators Robinson of the 16th, Hooks of the 14th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners.

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

HR 55. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway.

HR 88. By Representative Murphy of the 18th: A resolution designating the Veterans Memorial Highway.

HR 119. By Representatives Bargeron of the 120th and Harris of the 112th:
A resolution commending Floyd L. Norton and designating the Floyd L. Norton Bridge.

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

SB 116. By Senators Scott of the 36th, Newbill of the 56th and Langford of the 35th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to the inadmissibility of evidence obtained in certain areas by speed detection devices, so as to eliminate the restriction on the use of radar on highways having a grade in excess of 7 percent.
Referred to the Committee on Judiciary.

1110

JOURNAL OF THE HOUSE,

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.
Referred to the Committee on Insurance.

SB 252. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release, escape, or transfer to a halfway house.
Referred to the Committee on State Institutions & Property.

SB 277. By Senators Boshears of the 6th, Kemp of the 3rd, Cheeks of the 23rd and others:
A bill to amend Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support, generally, when such revision is autho rized, petition and hearing, cohabitation with third party as ground for revi sion, attorney's fees, and temporary modification pending final trial, so as to change the provision relating to cohabitation as grounds for revision.
Referred to the Committee on Judiciary.

SB 280. 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 correct and clarify certain references to insurance brokers and solicitors.
Referred to the Committee on Insurance.

SB 284. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the city of Austell, as amended, so as to change certain provisions relating to the administrative responsibilities of the mayor, city council, and the directors of various city departments; to change certain provisions relating to the exercise of the mayor's veto.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 294. By Senators Robinson of the 16th, Hooks of the 14th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for certain rules and regulations of the Board of Natural Resources; to provide for certain notices to certain property owners.
Referred to the Committee on Natural Resources & Environment.

MONDAY, MARCH 1, 1993

1111

SB 297. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Newnan, as amended, so as to provide for additional powers, duties, and authority of the mayor and council of the City of Newnan with respect to cable television ser vices and systems; to provide for legislative intent; to provide for purposes; to provide for eminent domain; to provide for issuance of bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

The following communication was received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334
Memorandum

To:

House, Senate and Secretary of State

From: Cindy Wright

Subject: Line Item Vetoes in House Bill 121

Date: March 1, 1993

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 121:
Section 56, Pages 53 and 54, last paragarph on Page 53 beginning, "It is the intent of this General Assembly...."
Section 57, Page 56, fifth paragraph beginning, "Provided, that the Governor's Scholarship Program...."
Section 66, Pages 61 and 62
Section 70, Page 64, paragraph i.)
Section 81, Page 70

CDW/cln Attachment
Representative Cauthorn of the 35th moved that the House reconsider its action in giving the requisite constitutional majority to the following Resolution of the House:
HR 149. By Representatives Buckner of the 95th, Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A resolution expressing support for the Clayton County Olympic Coordinat ing Committee and urging the Atlanta Committee for Olympic Games to award the Women's Fast-Pitch Softball event to Clayton County.

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

Y Ashe Y Atkins
Y Bailey

Y Baker Y Bannister
Barfoot

Bargeron Y Barnes
Bates

Benefield Birdsong
Y Bordeaux

Y Bostick Y Breedlove
Y Brooks.D

1112
Y Brooks.T Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B
Coleman.T Y Colwell N Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Davis.M Y Dickinson YDix Dixon.H

JOURNAL OF THE HOUSE,

Dixon.S Y Dobbs
Dover Y Ehrhart YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W
Y Godbee Golden Goodwill
Y Greene Y Groover
Y Hammond Manner Harris.B
Y Harris.M YHart Y Heard Y Hegatrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes N Hugley N James
Jamieson Y Jenkins Y Johnson.D.H

Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R
Lawrence Y Lawson YLee N Lewis YLord
Lucas Y Maddox E Mann Y Martin Y McBee
McClinton McKinney,B YMilam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Oliver

N O'Neal
Y Orrock Y Padgett
Parham Y Parrish
Y Patten E Pelote
Perry N Pinholster
NPoag Y Polak
Porter Poston Y Powell Y Purcell Randall Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Royal N Scoggins
Y Shanahan Y Sherrill Y Shipp N Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith.C
Smith.L Y Smith,P

Smith.T N Smith,V
Smith.W YSmyre YSnow
Stancil.F Y Stancil.S Y Stanley.L
Stanley,P N Stephenson
Streat Taylor Teague Y Teper Thomas.C Tillman Y Titus Y Towery
Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams.B Y WiUiams,R YYates
Yeargin Murphy,Spkr

On the motion, the ayes were 117, nays 14. The motion prevailed.

Representatives Davis of the 60th and Poston of the 3rd 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.

Due to mechanical malfunction, the vote of Representative Teague of the 58th was not recorded on 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 Sen ate amendment thereto:

HB 780. By Representatives Channell of the lllth and Yeargin of the 90th:
A bill to amend an Act providing an annual salary for the Wilkes County coroner, so as to change the salary of the coroner.

The following Senate amendment was read:
Amend HB 780 by striking lines 14 through 18 of page 1 and inserting in lieu thereof the following:
"Section 1. The coroner of Wilkes County shall receive an".
By striking lines 24 and 25 of page 1 and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.".

MONDAY, MARCH 1, 1993

1113

Representative Channell of the lllth moved that the House agree to the Senate amendment to HB 780.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 361. By Representative Bostick of the 165th: A resolution commending the City of Tifton and Tift County.

HR 362. By Representative Mobley of the 86th: A resolution congratulating the town of Carl.

HR 363. By Representative Poston of the 3rd:
A resolution commending the staff of the Catoosa County Cooperative Exten sion Education Center.

HR 366. By Representatives Colwell of the 7th, Sherrill of the 62nd, Bargeron of the 120th, Atkins of the 29th and Dixon of the 150th:
A resolution honoring Dolly Parton.

HR 367. By Representatives Parrish of the 144th, Coleman of the 142nd, Colwell of the 7th, Parham of the 122nd and Hanner of the 159th:
A resolution commending Vulcan Materials Company.

HR 368. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A resolution honoring Mrs. Joan Crawford Hammond on the occasion of her 75th birthday.

HR 369. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th, Smith of the 174th, Mueller of the 152nd and others:
A resolution commending Honorable Harold Mann.

HR 370. By Representative Chandler of the 99th: A resolution commending the 1992 Mustang All-Stars.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 364. By Representative Chandler of the 99th:
A resolution commending the 1992 Mustang All-Stars and inviting them to appear.

HR 365. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Atkins of the 29th, Towery of the 30th and others:
A resolution commending Stephanie Michels and inviting her to appear before the House of Representatives.

1114

JOURNAL OF THE HOUSE,

The following Bill of the House, having been previously read was again taken up for consideration:

HB 651. By Representative Groover of the 125th:
A bill to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to authorize the authority to purchase or lease property; to authorize the authority to borrow money; to authorize the authority to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority.

The following substitute, offered by Representatives Towery of the 30th, Ehrhart of the 36th and Dix of the 76th was read:

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and related matters, so as to provide that all public authorities shall contract with private entities for the operation of such authorities; to pro vide that the members of the North Georgia Mountains Authority shall be the members of the Board of Natural Resources; to authorize the authority to purchase or lease prop erty; to authorize the authority to foster and promote privatization of state owned facili ties; to authorize the authority to encumber its real property; to authorize the authority to borrow money; to authorize the authority under certain conditions to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority; to provide that the Governor is authorized to lease state lands to the authority; to repeal the limitation on to whom the authority may sell bonds; to exempt the offer, sale, and issuance of such bonds from certain statutes; to provide that the authority shall not incur any indebtedness without the prior approval of the Georgia State Financing and Invest ment Commission; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and related matters, is amended by inserting at the end of Article 1, relating to general provisions relative to such chapter, the following:
"12-3-12. Any other provisions of this chapter to the contrary notwithstanding, each public authority created by Article 7 of this chapter shall not later than December 31, 1994, contract with one or more private persons or entities for the operation of all activi ties associated with such authority; provided, however, that no such authority shall take any action which would impair the obligation of any contract in effect on December 31, 1994."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority, and inserting in lieu thereof the following:
"(a) The authority shall consist of W members. These 46 members shall be the same persons who comprise the Board of Natural Resources."
Section 3. Said chapter is further amended by striking in their entireties paragraphs (2), (5), (6), and (14) of Code Section 12-3-294, relating to powers of the authority, and inserting in lieu thereof the following:
"(2) To acquirer real and personal property of every kind and character by purchase or otherwise and to hold; ad dispose ef- real and personal such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate pur poses; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state;"

MONDAY, MARCH 1, 1993

1115

"(5) To make contracts, and to execute all instruments necessary or convenient, including contracts to borrow money; contracts for mortgages, security deeds, or other security interests; contracts for the construction of projects er; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state;
(6) 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 12-3-291, to be located on property owned or leased by the authority or the state, and the cost of any such project te may be paid in whole or in part from its funds of or available to the authority, including but not limited to bor rowed money; income^ the proceeds of revenue bonds of the authority; er fifes* seh pro ceeds; and any grant from the United States of America or any agency or instrumentality thereof; or from the State of Georgia;"
"(14) To hold, use, administer, and expend such sum or sums as may hereafter be received as from any source, including income or giftSj for any of the purposes of this authority;"
Section 4. Said chapter is further amended by striking "and" at the end of para graph (16), by substituting "; and" for the period at the end of paragraph (17), and by adding at the end of said Code Section 12-3-294 the following:
"(18) Subject to the provisions of Title 3, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; pro vided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted."
Section 5. Said chapter is further amended by striking in its entirety Code Section 12-3-297, relating to the sale of revenue bonds to the United States government, the state, a state agency, or a political subdivision of the state, which reads as follows:
"12-3-297. The authority shall have the power and is authorized to issue revenue bonds which may be sold only to the United States government or an agency or subdivi sion thereof or to the State of Georgia or an agency or subdivision thereof. Such bonds shall be issued pursuant to Code Section 12-3-298.", and inserting in lieu thereof the following:
"12-3-297. The Governor is authorized to execute for and on behalf of the state a lease of lands owned by the state, or any part or parcel thereof, to the authority for a period not to exceed 50 years."
Section 6. Said chapter is further amended by inserting at the end of Code Section 12-3-298, relating to bonds for paying for costs of projects, the following:
"(p) The offer, sale, or issuance of bonds, notes, or obligations by the authority shall n19o7t 3b.e"' subject to the provisions of Chapter 5 of Title 10, the 'Georgia Securities Act of
Section 7. Said chapter is further amended by inserting at the end thereof the fol lowing:
"12-3-300. Any other provision of this part to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Invest ment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitu tion and Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act."'
Section 8. 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 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ladd of the 59th moves to amend the Floor substitute to HB 651 as follows:
Page 4 line 9 after the period, insert "At no time shall alcoholic beverages be sold on land located within the boundaries of political subdivisions where such sale is prohibited."

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove
Brooks.D N Brooks.T
Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y CampbeU N Canty N Carlisle N Carrell N Carter N Cauthom N Chambless N Chandler N Channel! N Childers Y Clark Y Coker Y Coleman,B N Coleman.T

N Colwell N Connell
NCox Y Crawford
Y Crews N Culbreth N Cummings
N Davia.G Y Davis,M Y Dickinson
YDix N Dixon.H
N Dixon,S NDobbs
Dover YEhrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris,B Y Harris.M NHart N Heard N Hegstrom Y Hembree
N Henson N Holland

N Holmes N Howard N Hudson
N Hughes N Hugley N James N Jamieson
Jenkins Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson^! Y Johnston
N Jones E Joyce YKaye N Kinnamon Y Klein
YLadd YLakly NLane,D NLane.R
Y Lawrence N Lawson
NLee N Lewis
NLord N Lucas Y Maddox EMann N Martin NMcBee N McClinton N McKinney.B NMilam Y Mills

N Mobley.B
N MobleyJ Y Moore N Mosley Y Mueller N Oliver N O'Neal NOrrock N Padgett N Parham NParrish N Patten E Pelote N Perry
Y Pinholster NPoag NPolak N Porter N Poston N Powell N Purcell NRandall N Randolph
Ray N Reaves N Reichert N Roberts N Royal NScoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

N Smith.C N Smith,L
N Smith.P N Smith,T Y Smith,V
Y Smith,W N Smyre
Snow
N Stancil.F Y Stancil,S N Stanley.L
Stanley,? N Stephenson N Streat N Taylor NTeague NTeper N Thomas.C N Tillman Y Titus Y Towery Y Trense
Turnquest NTwiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland N White
Y Williams,B Y WiUiams.R
YYates N Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, as amended, the ayes were 49, nays 118. The Floor substitute was lost.

Due to mechanical malfunction, the vote of Representative Joyce of the 1st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following substitute, offered by Representative Groover of the 125th was read:

A BILL
To amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to provide that the members of such authority shall be the members of the Board of Natural Resources; to authorize the authority to purchase or lease property; to authorize the authority to foster

MONDAY, MARCH 1, 1993

1117

and promote privatization of state owned facilities; to authorize the authority to encumber its real property; to authorize the authority to borrow money; to authorize the authority under certain conditions to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority; to provide that the Governor is authorized to lease state lands to the authority; to repeal the limitation on to whom the authority may sell bonds; to exempt the offer, sale, and issuance of such bonds from certain statutes; to provide that the authority shall not incur any indebtedness without the prior approval of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, is amended by striking in its entirety subsection (a) of Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority, and inserting in lieu thereof the following:
"(a) The authority shall consist of 46 members. These 16 members shaH be the same persons who comprise the Board of Natural Resources."
Section 2. Said part is further amended by striking in their entireties paragraphs (2), (5), (6), and (14) of Code Section 12-3-294, relating to powers of the authority, and insert ing in lieu thereof the following:
"(2) To acquire; real and personal property of every kind and character by purchase or otherwise and to hold; and dispose ef real and personal such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate pur poses; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state;"
"(5) To make contracts, and to execute all instruments necessary or convenient, including contracts to borrow money; contracts for mortgages, security deeds, or other security interests; contracts for the construction of projects erj and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state;
(6) 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 12-3-291, to be located on property owned or leased by the authority or the state, and the cost of any such project te may be paid in whole or in part from its funds of or available to the authority, including but not limited to bor rowed money; income;; the proceeds of revenue bonds of the authority; or frera sttefe p*eee4s; and any grant from the United States of America or any agency or instrumentality thereof; or from the State of Georgia;"
"(14) To hold, use, administer, and expend such sum or sums as may hereafter be received as from any source, including income or gifts2 for any of the purposes of this authority;
(14.1) To do any other things necessary or proper to foster and promote the involve ment of private persons, firms, corporations, and partnerships in the development, con struction, operation, and management of the authority's projects or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority;"
Section 3. Said part is further amended by striking "and" at the end of paragraph (16), by substituting "; and" for the period at the end of paragraph (17), and by adding at the end of said Code Section 12-3-294 the following:
"(18) Subject to the provisions of Title 3, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; pro vided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which

1118

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such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted."
Section 4. Said part is further amended by striking in its entirety Code Section 12-3-297, relating to the sale of revenue bonds to the United States government, the state, a state agency, or a political subdivision of the state, which reads as follows:
"12-3-297. The authority shall have the power and is authorized to issue revenue bonds which may be sold only to the United States government or an agency or subdivi sion thereof or to the State of Georgia or an agency or subdivision thereof. Such bonds shall be issued pursuant to Code Section 12-3-298.", and inserting in lieu thereof the following:
"12-3-297. The Governor is authorized to execute for and on behalf of the state a lease of lands owned by the state, or any part or parcel thereof, to the authority for a period not to exceed 50 years."
Section 5. Said part is further amended by inserting at the end of Code Section 12-3-298, relating to bonds for paying for costs of projects, the following:
"(p) The offer, sale, or issuance of bonds, notes, or obligations by the authority shall n19o7t 3b.e'" subject to the provisions of Chapter 5 of Title 10, the 'Georgia Securities Act of
Section 6. Said part is further amended by inserting at the end thereof the following: "12-3-300. Any other provision of this part to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Invest ment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitu tion and Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act.'"
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Groover of the 125th and Twiggs of the 8th move to amend the Floor substitute to HB 651 as follows:
By adding after "3" on line 25 page 3 the following:
"and a referendum as required by Title 3".

The following amendment was read and lost:

Representative Bannister of the 16th moves to amend the Floor substitute to HB 651 as follows:
Page 3 and 4 strike all of Section 3
Page 4 renumber Section "4" to "3" Page 4 renumber Section "5" to "4" Page 4 renumber Section "6" to "5" Page 5 renumber Section "7" to "6" Page 5 renumber Section "8" to "7".

The following amendment was read and withdrawn:

MONDAY, MARCH 1, 1993

1119

Representative Ladd of the 59th moves to amend the Groover Floor substitute to HB 651 as follows:
Page 4 line 3 after the period, insert "At no time shall alcoholic beverages be sold on land located within the boundaries of political subdivisions where such sale is prohibited."

The Floor substitute, as amended, was adopted.

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

N Ashe N Atkins
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron
N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T
Brown YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell
Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channel!
Y Childers N Clark N Coker N Coleman,B
Y Coleman.T

Y Colwell Y ConneU YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis.G N Davis.M N Dickinson NDix
Y Dixon.H Y Dixon.S Y Dobbs
Dover N Ehrhart YEpps N Evans N Felton Y Floyd,J.M Y Floyd.J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B N Harris.M YHart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson.D.H N Johnson.E N Johnson.G N Johnson,J N Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein
NLadd N Lakly Y Lane.D Y Lane,R N Lawrence Y Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney.B Y Milam N Mills

Y Mobley.B N Mobley,J N Moore
Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote N Perry N Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell Y Randall
Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins N Shanahan N Sherrill
N Shipp Y Simpson
Y Sinkfleld N Skandalakis Y Skipper

N Smith.C Y Smith,L Y Smith,P Y Smith.T N Smith.V N Smith.W YSmyre YSnow
Y Stancil,F N Stancil,S Y Stanley.L
Stanley,?
N Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas.C Y Tillman Y Titus N Towery N Trense
Turnquest
Y Twiggs N Vaughan Y Walker
Wall Y Watson Y Watts N Westmoreland Y White N Williams.B N Williams.R N Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 60.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 651 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

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

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JOURNAL OF THE HOUSE,

HB 755. By Representatives Walker of the 141st, Groover of the 125th, Thomas of the 100th, Carlisle of the 107th, Reichert of the 126th and others:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Anno tated, relating to disposition of municipal property, so as to provide an exception to the bid requirements for certain trades or swaps.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brook8,D Y Brooks,T
Brown YBuck
Buckner YBunn Y Burkhalter YByrd
Y CampbeU Canty
Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDU
Y DbK>n,H Y Dixon.S Y Dobbs
Y Dover YEhrhart
YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
God bee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddoi EMann Y Martin YMcBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley,B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Padgett YParham YParrish Y Patten E Pelote
Y Perry Pinholster
YPoag YPolak Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y SkandalakiE Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T
Y Smith,V Smith,W
YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley^
Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas,C YTiUman Y Titus Y Towery YTrense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall YWateon Y Watts Y Westmorland Y White Y Williams,B Y Williams.R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Buckner of the 95th 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 719. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Smith of the 102nd, Hugley of the 133rd and others:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number "911" system, so as to include military bases within the definition of local government; to allow service suppliers collecting "911" charges from subscrib ers located on military bases to apply these funds directly to the service supplier's bill for "911" service rather than remitting the funds to an Emer gency Telephone System Fund.

MONDAY, MARCH 1, 1993

1121

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck
Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis.M Y Dickinson
YDix Y Dixon.H Y Dixon.S Y Dobba Y Dover
Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Holmes
Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B Y Milam YMiUs

Y Mobley.B Y Mobley,J
Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell Randall
Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal
Y Scoggim YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C Y Tillman Y Titus
Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Buckner of the 95th 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 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of posses sion shall be issued after the expiration of ten days.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to

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JOURNAL OF THE HOUSE,

provide for the issuance of a writ of possession to be effective at the expiration of ten days after the entry of judgment against a tenant; to change the provisions relating to appeals 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 44 of the Official Code of Georgia Anno tated, relating to dispossessory proceedings, is amended by striking in its entirety subsec tion (a) of Code Section 44-7-53, relating to when writ of possession may be issued, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62; and the plaintiff shall be entitled to a verdict and judg ment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to judgment and landlord's liability for wrongful conduct, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten days after the date such judg ment was entered, except as otherwise provided in Code Section 44-7-56."
Section 3. Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and payment of rent pending appeal, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
"44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten days of the date such judgment was entered and providedz further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in pos session of the premises; . provided, however, that the The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Wall of the 82nd moves to amend the Committee substitute to HB 337 by striking from line 6 of page 1 the following:
"possession to be effective at", and inserting in lieu thereof the following:
"execution for the judgment amount and a writ of possession at". By striking from line 10 of page 2 the following: "of possession, both".

MONDAY, MARCH 1, 1993

1123

By striking from line 11 of page 2 the following: "writ to be effective", and inserting in lieu thereof the following: "writ of possession".

The following amendment was read and lost:
Representative Randall of the 127th moves to amend the Committee substitute to HB 337 as follows:
By striking all of the language after the period on line 28 page 2 and lines 1-5 on page 3 and insert in lieu thereof the following:
If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in possession of the premises; provided, however, that the tenant shall be required to pay rent into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal.
Representative Teper of the 61st moved that the House reconsider its action in failing to adopt the Randall amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey
Baker Y Bannister
N Barfoot N Bargeron
N Barnes Bates
N Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks,D Y Brooks.T
Brown Buck N Buckner
N Bunn N Burkhalter
NByrd Campbell
N Canty Carlisle
Y Carrell
N Carter N Cauthorn Y Chambless N Chandler N Channell Y Childers N Clark N Coker
N Coleman,B Coleman.T

Colwell Connell NCox N Crawford N Crews N Culbreth Y Cummings Y Davis,G N Davis.M Y Dickinson NDix N Dixon.H
N Dixon,S Y Dobbs N Dover N Ehrhart YEpps N Evans N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin Y Greene Y Groover
Hammond N Manner Y Harris,B N Harris.M NHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes Y Howard
N Hudson Y Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H
N Johnson,E N Johnson,G N Johnson,J Y Johnston
Y Jones N Joyce NKaye N Kinnamon Y Klein
NLadd NLakly N Lane,D NLane.R N Lawrence N Lawson YLee N Lewis NLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton N McKinney.B
Milam N Mills

On the motion, the ayes were 62, nays 101.

Y Mobley.B N Mobley.J
N Moore Y Mosley N Mueller Y Oliver N O'Neal YOrrock Y Padgett YParham N Parrish
N Patten E Pelote Y Perry N Pinholster
NPoag YPolak N Porter
N Poston N Powell N Purcell Y Randall Y Randolph
YRay Reaves
N Reichert
Y Roberts N Royal
Y Scoggins NShanahan N Sherrill
N Shipp Y Simpson Y Sinkfield N Skandalakis
Y Skipper

N Smith,C N Smith.L N Smith,P N Smith,T Y Smith,V
N Smith.W YSmyre YSnow Y Stancil,F
N Stancil.S Y Stanley,L
Stanley,? Y Stephenson
Streat Y Taylor Y Teague Y Teper N Thomas,C
NTillman N Titus N Towery NTrense Y Turnquest
N Twiggs N Vaughan Y Walker N Wall N Watson N Watts N Westmorland
Y White N Williams.B N Williams.R
N Yates N Yeargin
Murphy ,Spkr

The motion was lost.

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The following amendment was read and withdrawn:

Representative Teper of the 61st moves to amend the Committee substitute to HB 337 as follows:
On page 3 after line 7 add:
"Section 5.
This law shall go into effect after full funding of the Homeless Trust Fund."

The Committee substitute, as amended, was adopted.
Pursuant to Rule 134, Representative Carlisle of the 107th was excused from voting on HB 337.

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 Ashe
Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T
Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Carlisle Carrell Y Carter Y Cauthorn Chambless Y Chandler Y Channell N Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M
Dickinson YDix Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Ehrhart
NEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden Y Goodwin Y Greene
Groover
Y Hammond Y Manner Y Harris,B Y Harris.M
Hart Y Heard N Hegstrom Y Hembree Y Henson N Holland

N Holmes Y Howard Y Hudson Y Hughes N Hugley N James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G
Y Johnson,J Y Johnston N Jones
Y Joyce YKaye Y Kinnamon N Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox E Mann N Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock
Y Padgett YParham Y Parrish Y Patten
E Pelote N Perry Y Pinholster YPoag Y Polak Y Porter YPoston
Y Powell Y Purcell NRandall Y Randolph NRay
Reaves Y Reichert N Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith.W YSmyre YSnow
N Stancil,F Y Stancil.S N Stnley,L
Stanley,? N Stephenson Y Streat N Taylor
Teague N Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker YWall
Y Watson Y Watts Y Westmorland Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Carrell of the 87th 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.

MONDAY, MARCH 1, 1993

1125

Due to mechanical malfunction, the vote of Representative Reaves of the 178th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Randall of the 127th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 337.

HB 190. By Representatives Evans of the 28th and Groover of the 125th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Anno tated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings; to provide that such authority to assist a district attorney shall extend for no longer than 18 months; 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 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) As used in this Code section, the term: (1) 'Criminal proceeding' means any investigation, grand jury, trial, or other legal
proceeding by which a person's liability for a crime is investigated or determined, commencing with the investigation, return of an indictment, or filing of the accusation and including the final disposition of the case.
(2) 'District attorney' means any district attorney of this state, the Attorney Gen eral, the director of the Prosecuting Attorneys' Council, or any solicitor of a state court or any assistants of such officers.
(3) 'Law school' means a. law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Sec tion 20-3-250.8 or which was chartered and began operation in this state prior to Feb ruary 10, 1937, and continued in operation in this state on July 1, 1970.
(4) 'Staff instructor' means a full-time professional staff instructor of a law school in this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state.
(5) 'Third-year law student' means a student regularly enrolled and in good stand ing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence."
Section 2. Said Code section is further amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) As to each third-year law student or staff instructor authorized to assist a dis trict attorney, there shall be kept on file in the office of the clerk of the superior court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oaths, and the judge's order as contemplated under subsection (e) of

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this Code section. The authority to assist a district attorney as allowed under this Code section shall extend for no longer than one year 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkbalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Cbambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Y Coleman.B Y Coleman,T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDii Y DiK>n,H
Y Dixon,S Y Dobbs Y Dover YEhrhart
YBpps Y Evans
Y Felton Y Floyd,J.M Y Floyd^J.W
YGodbee Y Golden YGoodwin
Y Greene Y Groover Y Haramond Y Manner Y Harris,B
Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y JohnsonJXH Y Johnson,E Y Johnson,G Y Johnson,,) Y Johnston
Y Jones Y Joyce
YKaye Y Kinnamon
Y Klein YLadd YLakly
Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis YLord
Y Lucas Y Maddoi
E Mann Y Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten E Pelote
Y Perry Y Pinholster
YPoag Y Polak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill YShipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,P Y Smith.T Y Smith,V
Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley,L
Stanley,P Y Stephenson
Y Streat Y Taylor YTeague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery YTrense
Turaquest YTwiggs YVaughan
Walker Wall Y Watson Y Watts Y Westmoreland White Y Williams,B Y WilliamsJR YYates
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 257. By Representatives Patten of the 176th and Dobbs of the 92nd:
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 a certain term; to provide standards for major modifications to solid waste facilities; to provide conditions for vertical expansions of solid waste facilities.

MONDAY, MARCH 1, 1993

1127

The following Committee substitute was read and withdrawn:

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 Management Act," so as to provide an exemption for municipal solid waste received at certain waste to energy facilities from the state-wide goal of a 25 percent reduction in solid waste and from certain reporting and planning requirements associated therewith; to define a certain term; to provide standards for major modifications to solid waste facilities; to prohibit the vertical expansion of cer tain solid waste facilities unless the owner or operator of such facilities meets certain requirements; to provide a maximum duration for modification of such vertical expansions; to provide consequences for failure to meet certain standards; to provide further require ments for the issuance of a permit for a solid waste facility or for a major modification of any such permit; to provide that each comprehensive solid waste management plan shall conform to procedures developed and promulgated by the Department of Community Affairs; to provide for the collection of certain fees; to change certain provisions relating to the disposal of scrap tires; to provide for the collection of the scrap tire fee at the dis tributor level; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," is amended in Code Section 12-8-21, relating to policy and legislative intent, by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection to read as follows:
"(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; pro vided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992; provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1^ 1991, is exempted from this subsection."
Section 2. Said part is further amended by inserting immediately following para graphs (17) and (27.1) of Code Section 12-8-22, relating to definitions relative to solid waste management, respectively, the following:
"(17.1) 'Multijurisdictional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more juris dictions."
"(27.2) 'Regional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more counties and may include one or more municipal corporations within those counties."
Section 3. Said part is further amended by striking in their entirety paragraphs (32) and (42) of said Code Section 12-8-22 and inserting in lieu thereof the following:
"(32) 'Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, tire rctrcadcr end user, or disposfli tflcility. i. nis term docs not include ft solid wftste collector wnosc pninflry business is the collecting ef municipal solid waste; a private individual ef private amef
OF disposo.! iflcilityj ft person wno tpfliispoPts tewer sft&n live scrftp tiros OF disposoi j or tfte uRived otcrteSj tfte otflte or vjeo?ifl) ctny county OF municipo.111y of tnis stoie^ OF soy ef their agents."
"(42) 'Yard trimmings' means leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative

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matter resulting from landscaping development and maintenance and land clearing epera&ena other than mining, agricultural, and silvicultural operations."
Section 4. Said part is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for solid or special solid waste handling, disposal, or thermal treatment technology facility, which reads as follows:
"(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 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 issuance of the vertical expansion permit unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsec tion shall be allowed beyond July 1, 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 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 determina tion and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period.", 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 a facility may be granted a variance by the director from those standards when vertically expanded unless such variance is inconsistent with federal laws and regulations; provided, further, that the director shall not grant a variance from the provisions of subparagraph (B), (C), (D), or (E) of paragraph (4) of this subsection.
(4) No vertical expansions shall be approved under this subsection unless: (A) The owner or operator demonstrates compliance with all standards not varied
by the director; (B) The owner or operator has installed a surface and ground-water monitoring
system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and
(E) Where noncompliance with the standards for surface water, ground water, or methane gas has been determined, the owner or operator has a schedule and corrective action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or opera tor cannot demonstrate that the site can be returned to compliance within said sixmonth period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation of waste receipt within six months of the final effective date of the order. (5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998. (6) The owner or operator of any site which is vertically expanded and which subse quently fails to demonstrate compliance with all applicable surface water, ground-water or methane gas standards shall demonstrate to the satisfaction of the director, through a corrective action plan, that the site has been or can be returned to compliance within

MONDAY, MARCH 1,1993

1129

six months of the director's approval of the corrective action plan. If the owner or opera tor fails to demonstrate to the satisfaction of the director that compliance has been attained or can be attained, the director shall notify the owner or operator, ordering ces sation of the acceptance of waste for disposal, remediation of noncompliance, and imple mentation of the final closure plan, to include a final date for closure."
Section 5. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following:
"(g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, the direc tor shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local 2 multijurisdictional, or regional solid waste management plan developed in accordance with standards promulgated pur suant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction all jurisdictions generating solid waste destined for the applicants' facility can demonstrate that they are part of an approved solid waste plan developed in accordance with standards promulgated pursuant to this part and are actively involved in and have a strategy for meeting the state-wide goal of waste reduc tion by July 1, 1996. Prior to the issuance of any permit for a solid waste handling facil ity or the granting of any major modification of an existing solid waste handling permit that will handle solid waste from jurisdictions outside Georgia, the out-of-state solid waste generating jurisdictions shall provide documentation that they have a strategy for and are actively involved in meeting planning requirements and a waste reduction goal that are substantially equivalent to the planning requirements and waste reduction goal contained in this part."
Section 6. Said part is further amended by striking in its entirety Code Section 12-8-27, relating to standards for handling special solid waste, which reads as follows:
"12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as 'special solid waste' in paragraph (37) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities:
(1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfac tory maintenance, operation, closure, and postclosure care of the facility and any cor rective action which may be required as a condition of a permit or order of the director.
(B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure; (2) The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and (3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying repre sentative samples of all waste received by the facility in accordance with rules and regulations adopted by the board. (b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after genera tion through all other handling, storage, treatment, and disposal. Any person who trans ports or receives for disposal any special solid waste in Georgia which is not properly

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manifested in accordance with the rules and regulations of the board shall be in viola tion of this part and shall be subject to all penalties available under this part.
(c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be pre scribed by the director.
(d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, trans porter, or disposer which handles special solid waste and which obstructs, limits, or pro hibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be gener ated shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director.
(e) If any state or local law, ordinance, or regulation in any state prevents the direc tor or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local gov ernment shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately.
(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", and inserting in lieu thereof the following:
"12-8-27. Reserved."
Section 7. Said part is further amended by striking in its entirety Code Section 12-8-31.1, relating to local and regional solid waste plans, and inserting in lieu thereof the following:
"12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan not later than July 1, 1993. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan bat cither ease and shall conform to the plan development procedures outlined m Chapter TO ef Title 36 and Articles 1 aaet 2 ef Chapter 8 ef Title 60 and te minimum standards and procedures developed and promulgated by the Department of Community Affairs as outlined in this ede flection under the provisions of Chapter 13 of Title 50.
(b) The local^ multijurisdictional, or regional solid waste plan shall, at a minimum, provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection and disposal capability; shall enu merate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.
(c) The review process for local, multijurisdictional, and regional solid waste managem6nt pi&Hs Siiflii DC ts outlined m /YI*tides x find ~c 0r Oiiflpter o or J. itie oW mid vft otiftpTM ter TO ef- !Ktte 36 in such form as developed and promulgated by the Department of Community Affairs under the provisions of Chapter 13 of Title 50. The regional develop ment center for each geographical location in which a local, multijurisdictional, or regional plan applies shall confirm that the local, multijurisdictional, or regional plan is consistent with the state solid waste management plan.
(d) Effective January 1, 1992, each city and county shall report annually to the Department of Community Affairs on the status of solid waste management in the juris diction. Such reports may be individual or collective in nature or, in lieu of local reports,

MONDAY, MARCH 1, 1993

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a regional report may be filed by any of the several regional development centers for political jurisdictions within their region. The annual report shall include but not be lim ited to:
(1) The amount of solid waste collected, processed, and disposed of in the area;
(2) The progress on the reduction in solid waste generation received at disposal facilities which are not exempt from subsection (c) of Code Section 12-8-21 in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal;
(3) The remaining permitted capacity of disposal facilities;
(4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and
(6) Any other pertinent information as may be required. (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 z multijurisdictional, 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 2 multijurisdictional, or regional solid waste man agement plan; and
(3) Demonstration that the host jurisdiction and the jurisdiction all jurisdictions generating solid waste destined for the applicant's facility are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996.
(f) This Code section shall not apply to^ (1) Any any solid waste disposal facility which is operated exclusively by a private
solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal 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 solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure^ or
(2) Effective July 1, 1993, any privately owned solid waste handling facility seeking a permit or major modification of an existing permit where the host local governing authority has failed either to submit or make a good faith effort, as determined by the Department of Community Affairs, to submit a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; provided, however, that the permit applicant continues to be obligated to demonstrate that all generating jurisdictions from which waste will be received are part of an
approved solid waste management plan developed in accordance with standards promulgated pursuant to this part and have a strategy to meet and are actively
engaged in meeting the state-wide goal of reducing waste by 25 percent by July 1
1996. (g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all
amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods:
(1) The provision of stationary or portable scales at the disposal facility for weigh
ing incoming waste;

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(2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or
(3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to esti mate accurately the amount of solid waste received at the disposal facility."
Section 8. Said part is further amended by striking Code Section 12-8-39.1, relating to reduction of municipal solid waste, in its entirety and substituting in lieu thereof a new Code section to read as follows:
"12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated received at disposal facilities which are not exempt from subsection (c) of Code Section 12-8-21 within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21."
Section 9. Said part is further amended by striking in its entirety Code Section 12-8-39.3, relating to to the authorization to collect certain taxes, fees, and assessments, and inserting in lieu thereof the following:
"12-8-39.3. (a) Any city, county, or authority which operates a solid waste manage meat disposal handling 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 by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as autho rized by Chapter 3 ef- Title 48 ad Cede Section 48 2-44 er ether law for the enforce ment of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted by a county governing authority may provide that the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions.
(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, 1992j or adopted thereafter."
Section 10. Said part is further amended by striking in its entirety subsection (b) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless; (i)--The the scrap tires are shredded, chopped, or chipped in accordance with standards established by the board; and:
{3} (1) The director finds that the reuse or recycling of scrap tires is not economi cally feasible and either;] or
{A} (2) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or
B) (3) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal."
Section 11. Said part is further amended by striking in their entireties paragraphs (2) and (3) of subsection (d) of said Code section and inserting in lieu thereof the follow ing:
"(2) A private individual transporting the individual's own scrap tires to a scrap tire processor or end user or for proper disposal;
(3) A company transporting the company's own scrap tires to a scrap tire processor aonr de"nd user or for proper disposal which company is net in the tire handling business;
Section 12. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following:

MONDAY, MARCH 1, 1993

1133

"(g) Subsection (f) of this Code section shall not apply to: (1) A solid waste disposal site permitted by the division if the permit authorizes
the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 660 3,000 scrap tires in storage; if- sueh
retailer submits the retains required wide* subsection {h} ef- this Code seetiea; (3) A tire retreader with not more than 1,500 scrap tires in storage so long as the
scrap tires are of the type the retreader is actively retreading; and (4) An auto salvage yard with not more than 500 scrap tires in storage^ and (5) A scrap tire processor approved by the division so long as the number of scrap
tires in storage do not exceed the quantity approved by the division."
Section 13. Said part is further amended by striking in its entirety subsection (h) of said Code section and inserting in lieu thereof the following:
"(h) (1) Beginning July 1, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be imposed en col lected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted to the division e*t ft not less than quarterly basis on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received by the divi sien shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund.
(2) In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment:
(A) A deduction of 3 percent of the first $3.000.00 of the total amount of all fees reported due on such report; and
(B) A deduction of V^ of 1 percent of that portion exceeding $3.000.00 of the total amount of all fees reported due on such report. {3} (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2000."
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 substitute, offered by Representatives Dobbs of the 92nd and Patten of the 176th was read:

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 Management Act," so as to provide an exemption for municipal solid waste received at certain waste to energy facilities from the state-wide goal of a 25 percent reduction in solid waste and from certain reporting and planning requirements associated therewith; to define a certain term; to provide standards for major modifications to solid waste facilities; to prohibit the vertical expansion of cer tain solid waste facilities unless the owner or operator of such facilities meets certain requirements; to provide a maximum duration for modification of such vertical expansions; to provide consequences for failure to meet certain standards; to provide further require ments for the issuance of a permit for a solid waste facility or for a major modification of any such permit; to provide that each comprehensive solid waste management plan shall

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conform to procedures developed and promulgated by the Department of Community Affairs; to provide for the collection of certain fees; to change certain provisions relating to the disposal of scrap tires; to provide for the collection of the scrap tire fee at the dis tributor level; to provide for certain restrictions on yard trimmings; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," is amended in Code Section 12-8-21, relating to policy and legislative intent, by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection to read as follows:
"(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; pro vided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992] provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1^ 1991, is exempted from this subsection."
Section 2. Said part is further amended by inserting immediately following para graphs (17) and (27.1) of Code Section 12-8-22, relating to definitions relative to solid waste management, respectively, the following:
"(17.1) 'Multijurisdictional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more juris dictions."
"(27.2) 'Regional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more counties and may include one or more municipal corporations within those counties."
Section 3. Said part is further amended by striking in their entirety paragraphs (32) and (42) of said Code Section 12-8-22 and inserting in lieu thereof the following:
"(32) 'Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, twe rctrcadcr end user, or disposfll tftcility. i. 1119 t^rni docs HOI include ft solid wflstc collector wftose pnmflry business is the collecting ef municipal solid waste; private individual ef private amef wflo tPSRsports tiic person s own scpflp tires to tne scrop tire processor tire /ctrcfldct,
the United States, the State ef Georgia, any county er municipality ef this atatc, ef taty ef their agents."
"(42) 'Yard trimmings' means leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance and land-clearing oper ations other than mining, agricultural, and silvicultural operations."
Section 4. Said part is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for solid or special solid waste handling, disposal, or thermal treatment technology facility, which reads as follows:
"(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 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 issuance of the vertical expansion permit unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved

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by the director; provided further, however, that no vertical expansion under this subsec tion shall be allowed beyond July 1, 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 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 determina tion and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period.", 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 a facility may be granted a variance by the director from those standards when vertically expanded unless such variance is inconsistent with federal laws and regulations; provided, further, that the director shall not grant a variance from the provisions of subparagraph (B), (C), (D), or (E) of paragraph (4) of this subsection.
(4) No vertical expansions shall be approved under this subsection unless: (A) The owner or operator demonstrates compliance with all standards not varied
by the director; (B) The owner or operator has installed a surface and ground-water monitoring
system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and
(E) Where noncompliance with the standards for surface water, ground water, or methane gas has been determined, the owner or operator has a schedule and corrective action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or opera tor cannot demonstrate that the site can be returned to compliance within said sixmonth period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation of waste receipt within six months of the final effective date of the order. (5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for land fills not having liners and leachate collection systems. (6) The owner or operator of any site not having a liner and leachate collection sys tem which is vertically expanded and which subsequently fails to demonstrate compli ance with all applicable surface water, ground-water, or methane gas standards shall demonstrate to the satisfaction of the director, through a corrective action plan, that the site has been or can be returned to compliance within six months of the director's approval of the corrective action plan. If the owner or operator fails to demonstrate to the satisfaction of the director that compliance has been attained or can be attained, the director shall notify the owner or operator, ordering cessation of the acceptance of waste for disposal, remediation of noncompliance, and implementation of the final closure plan, to include a final date for closure."
Section 5. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following:
"(g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, the direc tor shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992,

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that the proposed facility is consistent with the Iocal2 multijurisdictional, or regional solid waste management plan developed in accordance with standards promulgated pur suant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction all jurisdictions generating solid waste destined for the applicants' facility can demonstrate that they are part of an approved solid waste plan developed in accordance with standards promulgated pursuant to this part and are actively involved in and have a strategy for meeting the state-wide goal of waste reduc tion by July 1, 1996. Prior to the issuance of any permit for a solid waste handling facil ity or the granting of any major modification of an existing solid waste handling permit that will handle solid waste from jurisdictions outside Georgia, the out-of-state solid waste generating jurisdictions shall provide documentation that they have a strategy for and are actively involved in meeting planning requirements and a waste reduction goal that are substantially equivalent to the planning requirements and waste reduction goal contained in this part."
Section 6. Said part is further amended by striking in its entirety Code Section 12-8-27, relating to standards for handling special solid waste, which reads as follows:
"12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as 'special solid waste' in paragraph (37) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities:
(1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfac tory maintenance, operation, closure, and postclosure care of the facility and any cor rective action which may be required as a condition of a permit or order of the director.
(B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure;
(2) The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and
(3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying repre sentative samples of all waste received by the facility in accordance with rules and regulations adopted by the board.
(b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after genera tion through all other handling, storage, treatment, and disposal. Any person who trans ports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in viola tion of this part and shall be subject to all penalties available under this part.
(c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be pre scribed by the director.
(d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, trans porter, or disposer which handles special solid waste and which obstructs, limits, or pro hibits the director or his designee from adequately inspecting such facilities, sources, or

MONDAY, MARCH 1, 1993

1137

handlers or prohibits the proper sampling of such special solid waste as may be gener ated shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director.
(e) If any state or local law, ordinance, or regulation in any state prevents the direc tor or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local gov ernment shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately.
(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.", and inserting in lieu thereof the following:
"12-8-27. Reserved."
Section 7. Said part is further amended by striking in its entirety Code Section 12-8-31.1, relating to local and regional solid waste plans, and inserting in lieu thereof the following:
"12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan not later than July 1, 1993. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan tot either ease and shall conform to the plan development procedures outlined Chapter TO ef- Title 36 and Articles i and2 ef- Chapter 8 ef Title 66 and te minimum standards and procedures developed and promulgated by the Department of Community Affairs as outlined in this Code section under the provisions of Chapter 13 of Title 50.
(b) The localj multijurisdictional, or regional solid waste plan shallj at a minimum, provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection and disposal capability; shall enu merate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors.
(c) The review process for localj multijurisdictional, and regional solid waste manage ment plans shall be as outlined Articles 1 and 3 ef Chapter 8 ef Title 66 and k* Chapter TO ef Title 36 in such form as developed and promulgated by the Department of Community Affairs under the provisions of Chapter 13 of Title 50. The regional develop ment center for each geographical location in which a localz multijurisdictional, or regional plan applies shall confirm that the Iocal2 multijurisdictional, or regional plan is consistent with the state solid waste management plan.
(d) Effective January 1, 1992, each city and county shall report annually to the Department of Community Affairs on the status of solid waste management in the juris diction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdictions within their region. The annual report shall include but not be lim ited to:
(1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste generation as evidenced by the solid waste received at disposal facilities, which are not exempt from subsection (c) of Code Section 12-8-21, in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal; (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required.

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(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 j multijurisdictional, 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 2 multijurisdictional, or regional solid waste man agement plan; and
(3) Demonstration that the host jurisdiction and the jurisdiction all jurisdictions generating solid waste destined for the applicant's facility are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. (f) This Code section shall not apply to;
(1) Any easy solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal 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 solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure?; or
(2) Effective July 1^ 1993, any privately owned solid waste handling facility seeking a permit or major modification of an existing permit where the host local governing authority has failed either to submit or make a good faith effort, as determined by the Department of Community Affairs, to submit a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; provided, however, that the permit applicant continues to be obligated to demonstrate that all generating jurisdictions from which waste will be received are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part and have a strategy to meet and are actively engaged in meeting the state-wide goal of reducing waste by 25 percent by July 1^ 1996.
(g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods:
(1) The provision of stationary or portable scales at the disposal facility for weigh ing incoming waste;
(2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or
(3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to esti mate accurately the amount of solid waste received at the disposal facility."
Section 8. Said part is further amended by striking Code Section 12-8-39.1, relating to reduction of municipal solid waste, in its entirety and substituting in lieu thereof a new Code section to read as follows:
"12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated as evidenced by the solid waste received at

MONDAY, MARCH 1, 1993

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disposal facilities, which are not exempt from subsection (c) of Code Section 12-8-21, within its jurisdiction consistent with the goal established in subsection (c) of Code Sec tion 12-8-21."
Section 9. Said part is further amended by striking in its entirety Code Section 12-8-39.3, relating to to the authorization to collect certain taxes, fees, and assessments, and inserting in lieu thereof the following:
"12-8-39.3. (a) Any city, county, or authority which operates a solid waste manage meitt disposal handling 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 b^ ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as autho rized by Chapter 9 ef Me 48 and Gede SeeMen 48 2 44 or ether law for the enforce ment of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted b_ a county governing authority may provide that the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions.
(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, 1992j or adopted thereafter."
Section 10. Said part is further amended by striking in its entirety subsection (b) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless: {1}--The the scrap tires are shredded, chopped, or chipped in accordance with standards established by the boardf and:
{3} (1) The director finds that the reuse or recycling of scrap tires is not economi cally feasible and either^ or
{A-} (2) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or
{B} (3) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal."
Section 11. Said part is further amended by striking in their entireties paragraphs (2) and (3) of subsection (d) of said Code section and inserting in lieu thereof the follow ing:
"(2) A private individual transporting the individual's own scrap tires to a scrap tire processor or end user or for proper disposal;
(3) A company transporting the company's own scrap tires to a scrap tire processor oanr de"nd user or for proper disposal which company is net the tire handling business;
Section 12. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following:
"(g) Subsection (f) of this Code section shall not apply to: (1) A solid waste disposal site permitted by the division if the permit authorizes
the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 660 3,000 scrap tires in storage; if- Stteh
retailer submits the returns required under aubacction {fe) ef this Code section; (3) A tire retreader with not more than 1,500 scrap tires in storage so long as the
scrap tires are of the type the retreader is actively retreading; and (4) An auto salvage yard with not more than 500 scrap tires in storage^ and (5) A scrap tire processor approved by the division so long as the number of scrap
tires in storage do not exceed the quantity approved by the division."
Section 13. Said part is further amended by striking in its entirety subsection (h) of said Code section and inserting in lieu thereof the following:

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"(h) (1) Beginning July 1, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be imposed en col lected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted te the division e a not less than quarterly basis on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received by the dm9ie shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund.
(2) In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment:
(A) A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and
(B) A deduction of l/2 of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report. {2} (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2000."
Section 14. Said chapter is further amended by striking in its entirety Code Section 12-8-40.2, relating to restrictions of the disposal of yard trimmings, and inserting in lieu thereof the following:
"12-8-40.2. (a) Effective July 1, 1990 1996, each city, county, or solid waste manage ment authority shall have the right te impose certain restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions may shall include but are not limited to:
(1) A requirement that yard trimmings not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems within its jurisdiction; or
(3) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling] and
(4) A requirement that yard trimmings be sorted and composted, mulched, or oth erwise beneficially reused or recycled to the maximum extent feasible, (b) Prior to July 1^ 1996, each city, county, or solid waste management authority is authorized but not required to impose restrictions on yard trimmings which are gener ated or may ultimately be disposed of in its area of jurisdiction. Such restrictions may include, but are not limited to, the restrictions listed in subsection (b) of this Code sec tion."
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Jenkins of the 110th moves to amend the Floor substitute to HB 257 as follows:
By striking on page 13, line 10, ":",
"anyB",y striking on page 13, line 11, "(~1) A--n--y say" and inserting in lieu thereof the word

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1141

By striking on page 13, line 29, "-. ; or" and inserting in lieu thereof ".", By striking lines 30 through 34 on page 13 and lines 1 through 12 on page 14.

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

N Ashe Y Atkins N Bailey N Baker
N Bannister N Barfoot N Bargeron
Y Barnes N Bates N Benefield Y Birdsong N Bordeaux N Bostick
N Breedlove N Brooks,D
Y Brooks.T Brown
NBuck N Buckner N Bunn N Burkhalter
NByrd N Campbell
Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark Y Coker N Coleman.B N Coleman.T

N Colwell Connell
NCox N Crawford N Crews N Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson NDix N Dixon.H
N Dixon,S N Dobbs N Dover N Ehrhart N Epps N Evans
Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden N Goodwin N Greene N Groover N Hammond
Manner N Harris.B N Harris.M
NHart N Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes N Howard Y Hudson N Hughes N Hugley N James N Jamieson Y Jenkins N Johnson.D.H N Johnson.E
Johnson,G N Johnson.J
N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly Y Lane.D N Lane,R
Lawrence N Lawson
NLee N Lewis
Lord Lucas N Maddox E Mann N Martin N McBee McClinton McKinney,B NMilam N Mills

N Mobley,B N Mobley,J Y Moore N Mosley N Mueller N Oliver
N O'Neal YOrrock N Padgett
Par ham N Parrish N Patten E Pelote N Perry N Pinholster NPoag NPolak N Porter YPoston
Powell N Purcell N Randall N Randolph YRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan
N Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 27, nays 131. The amendment was lost.

Y Smith.C N Smith.L N Smith,P
N Smith.T N Smith,V
Smith.W
YSmyre NSnow N Stancil,F Y Stancil,S Y Stanley,L
Stanley,? N Stephenson
Y Street N Taylor
Teague YTeper
N Thoma8,C N Tillman N Titus N Towery N Trense
Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmoreland
Y White Williams,B
N William8,R N Yates N Yeargin
Murphy,Spkr

The following amendment was read:
Representative Jenkins of the 110th moves to amend the Floor substitute to HB 257 as follows:
On page 4, strike in their entirety lines 31 through 34 and on page 5, strike in their entirety lines 1 through 3 and insert in lieu thereof the following:
"director." and on page 5, line 7, strike "not varied by the director;" and insert in lieu therof the following: "set out below:"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey

N Baker N Bannister N Barfoot

N Bargeron Y Barnes
N Bates

Y Benefield Y Birdsong Y Bordeaux

N Bostick N Breedlove N Brooks.D

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Y Brooks.T Brown
NBuck N Buckner N Bunn N Burkhalter NByrd
N CampbeU Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers N Clark N Coker N Coleman.B N Coleman.T N Colwell
Connell NCox N Crawford N Crews N Culbreth N Cummings
Davis.G Y Davis.M N Dickinson NDix N Diion.H

N Dixon,S
N Dobbs N Dover N Ehrhart
N Epps N Evans
Y Felton N Floyd,J.M N Floyd,J.W
NGodbee N Golden N Goodwin N Greene N Groover N Hammond
Manner N Harris.B N Harris,M
YHart N Heard Y Hegstrom N Hembree
Henson N Holland Y Holmes N Howard N Hudson N Hughes N Hugley N James N Jamieson Y Jenkins N Johnson,D.H

N Johnson,E N Johnson.G N Johnson,J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein
NLadd N Lakly
Y Lane,D N Lane.R N Lawrence
N Lawson NLee N Lewis
Lord Lucas
N Maddox E Mann N Martin N McBee N McClinton
McKinney.B N Milan, N Mills
N Mobley,B N Mobley,J N Moore N Mosley
Mueller N Oliver

N O'Neal Orrock
N Padgett Parham
N Parrish N Patten E Pelote N Perry N Pinholster
NPoag N Polak N Porter YPoston N Powell N Purcell
Randall
N Randolph YRay N Reaves
N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson
Y Sinkfield N Skandalakis N Skipper
Y Smith,C N Smith.L N Smith.P

On the adoption of the amendment, the ayes were 27, nays 133. The amendment was lost.

N Smith.T N Smith,V
Smith.W YSmyre NSnow N Stancil,F N Stancil,S Y Stanley.L
Stanley,? N Stephenson
Y Streat N Taylor
Teague Y Teper N Thomas.C
Y Tillman N Titus N Towery N Trense
Turnquest Y Twiggs N Vaughan N Walker NWall N Watson N Watts N Westmorland Y White
Williams.B
N Williams,R Y Yates N Yeargin
Murphy,Spkr

The following amendment was read and lost:

Representative Bordeaux of the 151st moves to amend the Floor substitute to HB 257 as follows:
By deleting on page 2, lines 17 through 20, inclusive, all of the underlined language, exempting the so-called "waste to energy facility".

The following amendment was read and adopted:

Representative Harris of the 112th moves to amend the Floor substitute to HB 257 as follows:
Page 15 line 30 by deleting "may provide that"
and inserting the words
"with concurrence of"
and striking on line 31 the word "shall" and substituting the word "may provide that said officer".

The following amendment was read:

Representative Jenkins of the 110th moves to amend the Floor substitute to HB 257 as follows:
on page 5, line 3, strike the words "or (E) of paragraph (4) of this subsection." and insert in lieu thereof the following:

MONDAY, MARCH 1, 1993

1143

"(E), (F), or (G) of paragraph (4) of this subsection.",
on page 5, line 21, strike the word "and",
on page 6, line 2, strike "." and insert in lieu thereof ";",
on page 6, following line 2 and preceding "(5)" on line 3, insert two new paragraphs as follows:
"(F) No part of the solid waste facility for which said vertical expansion is being sought is located upon any area that has been designated by the director as a significant ground-water recharge area as shown on Hydrogeologic Atlas 18, provided however that this limitation shall not apply to any facility which is located in a county where there exists no other such solid waste facility or other such state-permitted solid waste facility under construction as of February 1, 1993; and
(G) Said vertical expansion is more than three-quarters mile from any primary, mid dle, or high school receiving state funds."

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

N Ashe N Atkins Y Bailey
Baker
N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick N Breedlove N Brooks.D Y Brooks.T
Brown NBuck N Buckner N Bunn N Burkhalter
NByrd N Campbell Y Canty N Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers N Clark
Y Coker N Coleman.B N Coleman.T

N Colwell Connell
NCox N Crawford N Crews N Culbreth
N Cummings Davis.G
N Davis.M N Dickinson
NDix N Dixon.H
N Dixon.S N Dobbs N Dover
N Ehrhart NEpps N Evans N Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond
Manner N Harris.B N Harris.M YHart N Heard Y Hegstrom N Hembree
Henson N Holland

Y Holmes Howard
N Hudson N Hughes N Hugley Y James N Jamieson Y Jenkins Y Johnson.D.H N Johnson,E N Johnson.G N Johnson.J N Johnston Y Jones N Joyce
NKaye N Kinnamon N Klein NLadd N Lakly N Lane.D N Lane.R N Lawrence N Lawson NLee N Lewis NLord
Lucas N Maddox E Mann N Martin N McBee Y McClinton
McKinney.B NMilam N Mills

Y Mobley.B
N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal Y Orrock N Padgett
Parham N Parrish N Patten E Pelote
N Perry N Pinholster
NPoag N Polak N Porter Y Postal N Powell N Purcell NRandall Y Randolph
YRay Y Reaves N Reichert
Y Roberts N Royal
N Scoggins N Shanahan N Sherrill
N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 30, nays 133. The amendment was lost.

N Smith.C N Smith.L N Smith.P N Smith.T N Smith,V
N Smith,W Y Smyre N Snow
N Stancil.F N Stancil.S Y Stanley.L
Stanley,? N Stephenson
N Streat N Taylor
Teague YTeper N Thomas.C Y Tillman N Titus N Towery
N Trense Turnquest
N Twiggs N Vaughan
N Walker N Wall N Watson N Watts N Westmoreland Y White
Williams.B
N Williams,R N Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Jenkins of the 110th moves to amend the Floor substitute to HB 257 as follows:

1144

JOURNAL OF THE HOUSE,

on page 5, line 3, strike the words "or (E) of paragraph (4) of this subsection." and insert in lieu thereof the following:
"(E), or (F) of paragraph (4) of this subsection.",
on page 5, line 21, strike the word "and",
on page 6, line 2, strike "." and insert in lieu thereof "; and",
on page 6, following line 2 and preceding "(5)" on line 3, insert a new paragraph as follows:
"(F) Said vertical expansion is more than one-half mile from any primary school receiving state funds."

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

N Ashe N Atkins
N Bailey N Baker N Bannister N Barfoot
N Bargeron N Barnes
Bates N Benefield Y Birdsong
Y Bordeaux N Bostick N Breedlove
N Brooks,D Y Brooks.T
Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman.B N Coleman.T

N Colwell Connell
NCox N Crawford N Crews N Culbreth N Cummings
Davis.G N Davis.M N Dickinson NDix N Dixon.H N Dixon.S N Dobbs N Dover N Ehrhart NEpps N Evans N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris.B N Harris.M YHart N Heard Y Hegstrom N Hembree
Henson N Holland

Y Holmes Y Howard Y Hudson N Hughes N Hugley Y James N Jamieson Y Jenkins N Johnson,D.H N Johnson,E N Johnson.G Y Johnson,J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly N Lane.D N Lane,R N Lawrence N Lawson NLee N Lewis NLord Y Lucas N Maddox E Mann N Martin
N McBee N McClinton N McKinney,B N Milam N Mills

Y Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal
Y Orrock N Padgett
Parham N Parrish
N Patten E Pelote Y Perry N Pinholster NPoag N Polak
N Porter N Poston N Powell N Purcell N Randall Y Randolph
YRay N Reaves N Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 30, nays 137. The amendment was lost.

N Smith,C N Smith,L N Smith,P N Smith.T N Smith,V N Smith,W
YSmyre NSnow Y Stancil,F N Stancil,S Y Stanley,L
Stanley,P N Stephenson
Streat N Taylor
Teague Y Teper N Thomas.C Y Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Vaughan
N Walker N Wall N Watson N Watts N Westmorland Y White
Williams.B N Williams,R
N Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Lane of the 146th moves to amend the Floor substitute to HB 257 as follows:
Delete Section 14 in its entirety, and renumbering Sections 15 & 16 accordingly.

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

MONDAY, MARCH 1, 1993

1145

N Ashe N Atkins Y Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove Y Brooks,D Y Brooks.T
Brown NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty Y Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell N Childers N Clark N Coker N Coleman.B Y Coleman.T

N Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cumroings
Davis.G Y Davis.M N Dickinson
YDix N Dixon,H
N Dixon,S N Dobbs N Dover
Y Ehrhart YEpps N Evans N Felton Y Floyd,J.M Y Floyd,J.W Y Godbee
N Golden Y Goodwin
Greene Y Groover N Hammond Y Hanner Y Harris.B N Harris.M YHart N Heard
Hegstrom N Hembree
Henson
Y Holland

N Holmes Howard
Y Hudson Y Hughes
Hugley Y James N Jamieson Y Jenkins Y Johnson.D.H N Johnson.E Y Johnson.G Y Johnson,J N Johnston
Jones Y Joyce YKaye Y Kinnamon N Klein YLadd N Lakly N Lane.D Y Lane.R Y Lawrence Y Lawson NLee Y Lewis YLord
Lucas N Maddox E Mann N Martin N McBee
N McClinton
Y McKinney,B
Milam Y Mills

N Mobley.B N Mobley,J N Moore Y Mosley N Mueller Y Oliver N O'Neal
N Orrock Y Padgett
Parham Y Parrish
N Patten E Pelote N Perry Y Pinholster
YPoag Y Polak N Porter N Poston Y Powell Y Purcell NRandall Y Randolph YRay Y Reaves N Reichert
N Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson
Sinkfield N Skandalakii Y Skipper

On the adoption of the amendment, the ayes were 79, nays 82. The amendment was lost.

N Smith.C N Smith,L N Smith,P Y Smith,T Y Smith,V Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S N Stanley,L
Stanley,? Y Stephenson Y Streat N Taylor
Teague N Teper Y Thomas,C Y Tillman N Titus Y Towery N Trense N Turnquest Y Twiggs N Vaughan
Y Walker N Wall N Watson N Watts Y Westmoreland Y White
Williams.B N Williams.R N Yates Y Yeargin
Murphy,Spkr

Representative Lane of the 146th moved that the House reconsider its action in failing to adopt the Lane amendment.

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

N Ashe Y Atkins Y Bailey
Baker Y Bannister N Barfoot Y Bargeron N Barnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner NBunn N Burkhalter
NByrd N Campbell Y Canty N Carlisle Y Carrell N Carter N Cauthorn

N Chambless N Chandler Y Channell
N Childers N Clark Y Coker N Coleman.B
Y Coleman.T N Colwell
Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G N Davis.M N Dickinson
YDix N Dixon.H N Dixon,S N Dobbs N Dover Y Ehrhart
YEpps Evans Felton
Y Floyd,J.M

Y FloydJ.W Y Godbee N Golden Y Goodwin Y Greene Y Groover N Hammond Y Banner Y Harris.B Y Harris.M
NHart N Heard
N Hegstrom N Hembree
Henson Y Holland N Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G Y Johnson ,J

N Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane.D Y Lane.R N Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddoi E Mann N Martin N McBee N McCHnton
McKinney,B YMilam Y Mills N Mobley.B Y Mobley,J N Moore Y Mosley

N Mueller
Y Oliver N O'Neal N Orrock
Y Padgett Parham
Y Parrish N Patten E Pelote N Perry Y Pinholster YPoag Y Polak N Porter Y Poston Y Powell
Y Purcell NRandall
Y Randolph YRay N Reaves N Reichert N Roberts
Y Royal N Scoggins N Shanahan N Sherrill Y Shipp

1146

JOURNAL OF THE HOUSE,

Y Simpson Y Sinkfield
Skandalakis Y Skipper N Smith.C N Smith,L N Smith.P Y Smith.T

Y Smith,V Smith.W
Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,?

Y Stephenson Y Streat Y Taylor
Teague N Teper Y Thomas.C Y Tillman N Titus

Y Towery N Trense N Turnquest Y Twiggs Y Vaughan Y Walker N Wall
N Watson

N Watts Y Westmorland Y White
Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 95, nays 67. The motion prevailed.

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

N Aahe Y Atkins Y Bailey N Baker Y Bannister N Barfoot
Bargeron N Barnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove Y Brooks,D Y Brooks.T
Brown NBuck Y Buckner N Bunn N Burkhalter YByrd
N Campbell Y Canty
Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell N Childers N Clark Y Coker
N Coleman,B Y Coleman.T

N Colwell Connell
YCox Y Crawford Y Crews N Culbreth
Y Cummings Y Davis.G Y Davis.M N Dickinson
YDix N Dixon.H N Dixon.S
N Dobbs N Dover Y Ehrhart YEpps
Evans N Felton
Y Floyd,J.M Y Floyd,J.W
Y Godbee N Golden Y Goodwin
Y Greene Y Groover
N Hammond N Manner Y Harris.B Y Harris.M YHart N Heard N Hegstrom
Y Hembree N Henson Y Holland

N Holmes
Y Howard Y Hudson Y Hughes N Hugley Y James N Jamieson Y Jenkins Y Johnson,D.H N Johnson ,E Y Johnson.G Y Johnson ,J
N Johnston N Jones Y Joyce YKaye Y Kinnamon N Klein YLadd
N Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox E Mann N Martin N McBee N McClinton Y McKinney.B NMilam
Y Mills

N Mobley.B N Mobley,J N Moore Y Mosley N Mueller
Y Oliver N O'Neal N Orrock
Y Padgett Parham
Y Parrish N Patten
E Pelote N Perry Y Pinholster
YPoag N Polak N Porter N Poston Y Powell Y Purcell
Randall
Y Randolph YRay N Reaves N Reichert N Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson N Sinkfield
N Skandalakis Y Skipper

N Smith.C N Smith.L N Smith,P Y Smith.T
Y Smith,V Smith.W
N Smyre
YSnow N Stancil,F Y Stancil.S N Stanley.L
Stanley.P Y Stephenson Y Streat N Taylor
Teague
N Teper Y Thomas.C Y Tillman N Titus
Y Towery N Trense N Turnquest Y Twiggs Y Vaughan Y Walker N Wall N Watson
N Watts Y Westmoreland N White
Williams.B Y Williams.R
N Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 84, nays 82. The amendment was adopted.

The following amendment was read:

Representative Jenkins of the 110th moves to amend the Floor substitute to HB 257 as follows:
On page 12, following line 17 and preceding "(e)" on line 18, insert a new paragraph as follows:
"In order that the information set forth in this paragraph may be reported completely and accurately by each jurisdiction, any privately owned or operated solid waste handling facility shall, at least annually, provide under oath such information as specified in this

MONDAY, MARCH 1, 1993

1147

paragraph to the county, and municipality if located within a municipality, in which the privately owned or operated solid waste handling facility is located."

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

N Ashe N Atkins N Bailey
Baker Y Banniater N Barfoot N Bargeron
Y Barnes Bates
N Benefield
Y Birdsong Y Bordeaux N Bostick N Breedlove N Brooks.D
Y Brooks.T Brown
NBuck N Buckner
Y Bunn N Burkhalter
NByrd N Campbell
Y Canty Y Carlisle N Carrell
N Carter Y Cauthorn
N Chambless N Chandler N Channel!
Y Childers N Clark N Coker
N Coleman.B Coleman.T

N Colwell Connell
NCox N Crawford N Crews N Culbreth Y Cummings
Davis.G N Davis.M N Dickinson
NDix N Dixon.H N Dixon.S N Dobbs N Dover N Ehrhart YEpps N Evans N Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris,B N Harris,M YHart N Heard
Y Hegstrom N Hembree
Henson Y Holland

Y Holmes Howard
N Hudson N Hughes N Hugley N James N Jamieson
Y Jenkins N Johnson.D.H Y Johnson.E N Johnson.G N Johnson.J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane.D N Lane.R Y Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox E Mann N Martin N McBee N McClinton
Y McKinney,B NMilam N Mills

Y Mobley.B N Mobley,J Y Moore
Mosley Y Mueller N Oliver N O'Neal Y Orrock N Padgett
Parham N Parrish
N Patten E Pelote N Perry N Pinholster NPoag N Polak N Porter Y Poston N Powell N Purcell N Randall Y Randolph
YRay N Reaves N Reichert Y Roberts N Royal
N Scoggins Y Shanahan N Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 41, nays 120. The amendment was lost.

N Smith.C Y Smith,L N Smith.P N Smith.T N Smith,V
Smith,W Y Smyre NSnow N Stancil.F N Stancil.S Y Stanley.L
Stanley,P N Stephenson N Streat N Taylor
Teague Y Teper N Thomas.C Y Tillman
Titus N Towery N Trense Y Turnquest NTwiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmorland Y White
Williams,B N Williams,R
N Yates N Yeargin
Murphy.Spkr

The following amendment was read and adopted:

Representative Lane of the 55th moves to amend the Floor substitute to HB 257 as follows:
On page 13, line 30 strike the word "July" and insert the word "September".

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 Ashe Y Atkins Y Bailey Y Baker

Y Bannister
Y Barfoot Y Bargeron Y Barnes

Y Bates
Y Benefield Y Birdsong
N Bordeaux

Y Bostick Y Breedlove Y Brooks.D N Brooks,T

Brown YBuck Y Buckner Y Bunn

1148
Y Burkhalter YByrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCo* Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YOU Y Dixon.H Y Diion.S YDobbs Y Dover Y Ehrhart

JOURNAL OF THE HOUSE,

YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B
Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland N Holmes
Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J

Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton Y McKinney.B YMilam Y Mills Y Mobley.B
Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock

Y Padgett Parham
Y Parrish
Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Postal Y Powell Y Purcell Y Randall Y Randolph
NRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Shipp
Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,? Y Smith.T

Y Smith,V Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley.L Stanley,? Y Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmorland Y White
Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 402. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Geor gia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to provide that certain clerks of superior courts shall elect whether to continue investing or depositing such funds in accordance with such provisions until the effective date of their repeal or whether to deposit said funds in accordance with the provisions of this Act; to provide for written notice to the Georgia Indigent Defense Council; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts; to provide that interest shall be paid to one or more of the parties if the court so directs; to provide that otherwise interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of

MONDAY, MARCH 1, 1993

1149

certain information; to provide which investments shall be used for this purpose; to pro vide that the court order may be amended to require deposit for the benefit of a party or parties; to provide for exemptions; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended in Code Section 15-6-75, relating to investment of certain funds, by adding a new subsection to be designated subsection (e) to read as follows:
"(e) This Code section shall be repealed on July 1, 1994."
Section 2. Said chapter is further amended by striking in its entirety Code Section 15-6-76, relating to deposit of funds in interest-bearing accounts, and inserting a new Code section to read as follows:
"15-6-76. When it is not contemplated that funds paid into the court registry will be held longer than 30 days, the clerk of the superior court may deposit the funds in an interest-bearing account in a bank or other financial institution authorized to do busi ness in this state. This Code section shall be repealed on July 1^ 1994."
Section 3. Said chapter is further amended by adding a new Code section, to be des ignated Code Section 15-6-76.1, to read as follows:
"15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsec tions (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Indigent Defense Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Indigent Defense Council.
(b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsec tions (c) through (g) of this Code section, effective July 1, 1993.
(c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36.
(d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs.
(e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an inter est-bearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for distribution to the counties pursu ant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the

1150

JOURNAL OF THE HOUSE,

service charges or fees of the bank or other depository, and the net remittance. This subsection shall include but not be limited to cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17.
(f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order.
(g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Indigent Defense Council."
Section 4. Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to practice and procedure of state courts of counties, is amended by adding a new Code section, to be designated Code Section 15-7-49, to read as follows:
"15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
Section 5. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by adding a new article, to be designated Article 11, and to read as follows:
"ARTICLE 11
15-10-220. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1."
Section 6. (a) Sections 1 and 2 of this Act shall be effective July 1, 1994. (b) The remaining provisions of this Act shall be effective July 1, 1993, and shall apply to all funds paid into court registries on or after July 1, 1993; provided, however, that on and after July 1, 1993, clerks governed by this Act shall exercise their discretion in determining whether to deposit in accordance with this Act funds remaining in the court registry which were paid into the court registry before July 1, 1993.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

NAshe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes

Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T

Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
Campbell Canty

Y Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell Y Cox Y Crawford

MONDAY, MARCH 1, 1993

1151

N Crews
Y Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Y Ehrhart Y Epps
Evans Y Felton Y Floyd,J.M
Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B
N Hairis.M YHart Y Heard

Y Hegstrom Y Hembree Y Henson
Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J
Y Johnston Y Jones N Joyce YKaye Y Kinnamon N Klein NLadd NLakly Y Lane.D YLane,R N Lawrence
Lawson

YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry N Pinholster YPoag

Y Polak Y Porter YPoston N Powell Y Purcell YRandall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper Y Smith,C
Smith.L Y Smith,P Y Smith.T Y Smith.V
Smith.W Smyre YSnow

Y Stancil.F Y Stancil,S
Stanley,L Stanley,? Y Stephenson Streat Y Taylor YTeague YTeper Y Thomas,C Y Tillman Y Titus Y Towery Trense Y Turnquest YTwiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland White Williams.B Y Williams.R
Y Yates YYeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Vaughan of the 34th and Klein of the 39th stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Smith of the 109th and Holland of the 157th 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 403. By Representatives Cauthorn of the 35th and Hammond of the 32nd:
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 repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to sheriffs, so as to repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties; to provide that certain sheriffs shall elect whether to continue investing or depositing such funds in accordance with such provision until the effective date of its repeal or whether to deposit said funds in accordance with the provi sions of this Act; to provide for written notice to the Georgia Indigent Defense Council; to provide that sheriffs shall deposit certain funds into interest-bearing accounts; to pro vide that interest from such funds held by sheriffs shall be remitted to the Georgia Indi gent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide which invest ments shall be used for this purpose; to provide for exemptions; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 15, relating to sheriffs, is amended by striking in its entirety Code Section 15-16-27, relating to deposit by sheriffs of cash bonds and certain cash reserves into interest-bearing accounts, and inserting a new Code section to read as follows:
"15-16-27. (a) The sheriff of any county with a population of 500,000 or more according to the United States decennial census of 1990 or any future such census may deposit cash bonds and cash reserves of professional bondspersons held by the sheriff in interest-bearing accounts in one or more financial institutions designated as county depositories. Interest earned on any such account shall be periodically transferred from the depository into the general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used.
(b) The provisions of subsection (a) of this Code section shall be repealed July 1^ 1994.
(c) In counties where the sheriff exercised discretion to deposit funds in one or more interest-bearing accounts pursuant to subsection {a) of this Code section, and such funds were on deposit on January j^ 1993, the sheriff may continue to deposit such funds pur suant to subsection (a) of this Code section until July 1^ 1994. In such counties, sheriffs who do not elect to continue depositing funds pursuant to subsection (a) of this Code section, or who cease depositing such funds pursuant to subsection (a) of this Code sec tion, shall be subject to the provisions of subsections (e) through (g) of this Code sec tion. In such counties, sheriffs shall provide a written notice to the Georgia Indigent Defense Council within 30 days following July L, 1993, stating that funds were on deposit pursuant to this Code section on January 1^ 1993, and stating whether they have elected to continue depositing funds pursuant to subsection (a) of this Code section or to comply with the provisions of subsections (e) through (g) of this Code section. In such counties, sheriffs may change their election by written notice to the Georgia Indigent Defense Council.
(d) In counties where no funds were on deposit pursuant to subsection (a) of this Code section on January 1, 1993, sheriffs shall be subject to the provisions of subsections (e) through (g) of this Code section, effective July 1, 1993.
(e) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds and cash reserves of professional bondspersons held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36.
(f) The financial institution in which the funds are deposited shall remit, after ser vice charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for dis tribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17.
(g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (d), (e), and (f) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Indigent Defense Council."
Section 2. (a) Subsection (b) of Code Section 15-16-27, added by Section 1 of this Act, shall be effective July 1, 1994.
(b) The remaining provisions of this Act shall be effective July 1, 1993, and shall apply to cash bonds and cash reserves of professional bondspersons received by sheriffs on or after July 1, 1993; provided, however, that on and after July 1, 1993, sheriffs gov erned by this Act shall exercise their discretion in determining whether to deposit in

MONDAY, MARCH 1, 1993

1153

accordance with this Act cash bonds and cash reserves of professional bondspersons held by the sheriff which were received by the sheriff before July 1, 1993.
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:

N Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner
YBunn Y Burkhalter YByrd
Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
N Crews Y Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps
Evans Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B N Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson.J Y Johnston
Y Jones N Joyce
YKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane.D Y Lane,R N Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton
McKinney,B Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry N Pinholster NPoag Y Polak
Porter Y Poston N Powell Y Purcell YRandall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Royal Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith.L Y Smith.P Y Smith,T N Smith,V
Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley ,L Stanley,? N Stephenson Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Trense Y Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland White Y Williams.B
Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 491. By Representative Randall of the 127th:
A bill to amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Respiratory Care Practices Act," so as to change the provisions relating to definitions; to change the powers of the Composite State Board of Medical Examiners; to change the provisions regarding per sons who may obtain certification without meeting certain requirements.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, the "Respiratory Care Practices Act," so as to change the provisions relating to defi nitions; to change the powers of the Composite State Board of Medical Examiners; to

1154

JOURNAL OF THE HOUSE,

change the provisions regarding persons who may obtain certification without meeting cer tain requirements; to change the provisions relating to certification requirements; to pro vide for temporary permits and reciprocity; to prohibit certain practices and the use of certain terms and provide for exceptions and penalties; to provide for the applicability of a certain law; to provide for statutory construction; 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 6 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, the "Respiratory Care Practices Act," is amended by striking Code Section 43-34-142, relating to definitions, and inserting in its place the following Code section:
"43-34-142. As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners as created by
Code Section 43-34-21. (2) 'Respiratory care professional, certified respiratory therapy technician, er regis-
tcrcci Pespipfltory tficpQjwst me&&& ft ricfiitn cftpc proiession&i wfto is1 cmployed Hi1 cn& therapy, management, rehabilitation, diagnostic evaluation, education, and care efpatients with deficiencies and abnormalities which affect the pulmonary and cardiac systems. 'Respiratory care' means the rendering of services to patients with deficien cies or abnormalities which affect the pulmonary and cardiac systems and which ser vices involve therapy, management, rehabilitation, diagnostic evaluation, education, or care of such patients with regard to such deficiencies or abnormalities.
(3) 'Respiratory care professional' means any person certified under this article to practice respiratory care."
Section 2. Said article is further amended by striking paragraph (3) of Code Section 43-34-143, relating to powers of the board, and inserting in its place the following para graph:
"(3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional; certified respiratory therapy technician, er registered respiratory therapist applicants and certificate holders under this article and conduct hearings in connection with these actions;".
Section 3. Said article is further amended by striking Code Section 43-34-144, autho rizing certain persons to obtain a certificate without examination, and inserting in its place the following Code section:
"43-34-144. At ay time prier te iJttly 4; 1087, th beard jnay grant, pe application dud pflymcut of proper tccsj d ccr1111cflt-c witttout cxoiflino.iion to fl person wfio "fit TTUG time ef application heWs ft valid certificate as a respiratory eare professional, certified respiratory therapy technician, or registered respiratory therapist issued by another state er any political territory ef jurisdiction acceptable te the feeafd tf the board's opinion the requirements for that certification are substantially the seme as the requirements ef this article er te a persen whe at the time ef application is respiratory cafe profcs sionol, certified respiratory therapy technician, er registered respiratory therapist registercel of certiiicd oy tne IN fttionfli OOQPCI TOP wespiT&to?y OOPC( inc.j &f wno otJicrwisc meets th qualifications established by the beafdr The board shall, upon application and payment of fees, issue a certification to perform respiratory care to persons who are not certified under this article but who were practicing respiratory care in this state upon the date this Code section becomes effective in 1993 upon written evidence of such prac tice verified under oath. Such persons shall complete their application for certification no later than 18 months following the date this Code section becomes effective in 1993. A person granted a certification under this Code section shall be subject to the other provisions of this article relating to persons granted such certifications under Code Sec tion 43-34-145, including but not limited to continuing education requirements."
Section 4. Said article is further amended by striking Code Section 43-34-145, relat ing to requirements for certification, and inserting in its place the following Code section:

MONDAY, MARCH 1, 1993

1155

"43-34-145. (a) Each applicant for certification as a respiratory care professional; certified respiratory therapy technician, er registered respiratory therapist shall meet the following requirements:
(1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board, (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter shall be working under the supervi sion or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter."
Section 5. Said article is further amended by adding following Code Section 43-34-147 the following Code sections:
"43-34-147.1. Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care for a period of:
(1) Twelve months to an applicant for certification under Code Section 43-34-147.2 providing that applicant presents written evidence verified by oath that the applicant was certified, licensed, or practicing respiratory care within the last 12 months in another state; or
(2) Eighteen months to a person who is a graduate of an accredited respiratory therapy program accredited by the Committee on Allied Health Education and Accreditation, or the equivalent thereof as accepted by the board, pending completion of the other requirements for certification under this article. 43-34-147.2. An individual who has been granted certification, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements for a similar certificate in this state may petition the board for reciprocity in this state and, upon submission of an application and requisite fees and upon verification by oath and submission of evidence acceptable to the board, may be granted a certificate to practice respiratory care in Georgia."
Section 6. Said article is further amended by striking Code Section 43-34-150, relat ing to the prohibition against the use of certain titles, and inserting in its place the follow ing Code section:
"4*.^J-O^*4-.1L^tJfVl . (Va"7\ *ALLftvotri VTUulltyr X1 ^ 1i.tQsOuf\i/, iTt q>9r1i1nU1ll1 TU7~C iUin11l1mUVnIr1fUnll &It%JI* Un1r1iTJ*r rJirlrlqJUrm11 .VMV!1-1^U ljoa n1IUr.Ij*
certified nder this article te tee the title respiratory eare professional, certified respires0Fy tiierfl.py tecnmciflrij or registered PCSpit&tory tncr&pist or cftc lett-eps CVVJ.T) OK1 1 t or rvJtv i ift flny words> leneFS, 0DDPCvi&11ons, or msi^niA so fts to indicfttc or imply er in writing er m any ether way that the person is certified trader this article.
\o)--Any person vioiflting tne provisions of suoscciion \SL) of tins Oode section fee guilty <rf a misdemeanor. Unless certified under this article or exempted under sub section (b) of this Code section, no person shall:
(1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certi fied under this article, (b) The prohibition in subsection (a) of this Code section does not apply to: (1) The delivery of respiratory care by health care personnel who have been for mally trained in these modalities and who are duly licensed to provide that care under any other provision of this title; (2) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by_ the Joint Review Committee for Respiratory Therapy Education and the American Medi cal Association Committee on Allied Health Education and Accreditation (CAHEA) or

1156

JOURNAL OF THE HOUSE,

the equivalent thereof as accepted by the board. Students enrolled in respiratory therapy education programs shall be identified as 'student-RCP' and shall only pro vide respiratory care under direct clinical supervision;
(3) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care professional:
(4) Respiratory care services rendered in the course of an emergency or disaster; (5) Persons in the military services or working in federal facilities when function ing in the course of their assigned duties; (6) The performance of respiratory care diagnostic testing by individuals who are certified or registered as pulmonary function technologist by the National Board for Respiratory Care, or equivalent certifying agency, as recognized by the board; (7) The delivery, assembly, setup, testing, and demonstration of oxygen and aero sol equipment upon the order of a physician licensed under Article 2 of this chapter; or (8) Persons who perform limited respiratory care procedures under the supervision of a certified respiratory care professional in a hospital or nursing home when the board has defined the competencies required to perform such limited respiratory care procedures. (c) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Practitioners regulated under this article shall be covered pursuant to Code Sec tion 51-1-29. (e) Nothing in this article shall be construed to permit the practice of medicine as defined by this chapter."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Ashe
Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown Y Buck
Y Buckner Y Bunn Y Burkhalter
Y Byrd Campbell
Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

Y Channel!
Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis.M Y Dickinson Y Dix Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Ehrhart
YEpps Y Evans
Felton Y Floyd.J.M Y FloydJ.W
Y Godbee Y Golden Y Goodwin

Greene Y Groover
Y Hammond Y Hanner
Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein

YLadd Y Lakly Y Lane,D YLane.R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox E Mann
Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B Y Mobiey,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Par ham Y Parrish Y Patten

E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
Y Skendalakis Y Skipper Y Smith.C Y Smith.L
Smith.P Y Smith.T Y Smith.V
Smith.W

MONDAY, MARCH 1, 1993

1157

Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley,L
Stanley,?

Y Stephenson Streat
Y Taylor Teague
Y Teper Y Thomas.C

Y Tillman Y Titus Y Towery
Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland

White Williams.B Y Williams.R Y Yates 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.

HB 882. By Representative Parrish of the 144th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Anno tated, relating to the Criminal Justice Coordinating Council, so as to change the membership of such council.

The following substitute, offered by Representative Parrish of the 144th was read and adopted:

A BILL
To amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the membership of such council; to repeal certain provisions relating to initial terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking in its entirety Code Section 35-6A-3, relating to the membership of the council, and inserting in lieu thereof a new Code Section 35-6A-3 to read as follows:
"35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 33 19 members and shall be composed as follows:
(1) The chairman chairperson of the Georgia Peace Officer Standards and Training Council, the chairman ef the Georgia Organized Crime Prevention Council, the chairH*att chairperson of the Judicial Council of Georgia, the chairman chairperson of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman ef the Beard ef- Corrections, the vice-chairman vice chairperson of the Board of Public Safety, the chairman chairperson of the State Board of Pardons and Paroles, the State Seheet Superintendent, the commissioner of community affairs, th president ef the Council ef Juvenile Court Judges, the chairman chairperson of the Children and Youth Coordinating Council, and the commissioner of the Department ef Children triwl Youth Services children and youth services or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office;
(2) Ten members shall be appointed by the Governor for terms of four years; their
terms; ad fear for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.

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JOURNAL OF THE HOUSE,

(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
(e)--'Fhe initial terms (en aH 19 original members shaH begm tWy 1; 1081. !Fhe initial
tLnUi-1T1Y11i IAvMr *IUfl-l>v m lllndTllUliUnri U~ JUUJU-* UJ Tinn T1.nJUoUc 9n1n1nU1111 UU~U~g:l~ll CTJ UiiIlt.yT ftj 1Un\JoUc. r1p. U11.1*! i1n11i1t!i1nUl1 *L--U--rr--l! I*o*r* T*ilruo
member added k* 4088 ahall begm J4y 4; 1088. !Ffee initial tetn* for the member added
tft IWoU Sflfin DC^IH (Mily TJ 11/oU. "xilC OtfltC bCfiOOl ftUpCf1HtCllQftv 9HA11 DC ft niCIUDCF fiffpff~iya f\n Jlily 4-- 1 OflO
{d) (c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks,D
Brooks.T Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Campbell Y Canty Y Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon.S YDobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton
Y Floyd,J.M Floyd,J.W
YGodbee Y Golden
Y Goodwin Y Greene Y Groover
Y Hammond Y Hanner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd
Y Lakly Y Lane,D Y Lane.R
Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann
Y Martin Y McBee Y McClinton
McKinney.B Y Milam
Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell
YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith.V Y Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley,L
Stanley,? Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery
Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmorland
White Williams.B
Y Williams,R Y Yates 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.

SR 127. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution authorizing the conveyance of certain state property and the granting of certain nonexclusive easements for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Geor gia; to provide an effective date.

MONDAY, MARCH 1, 1993

1159

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 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 376. By Representatives Ladd of the 59th and Chandler of the 99th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a can didate at the ensuing general election.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing gen eral election; to provide for procedures; to provide for the filling of vacancies created by such withdrawal; to provide for limitations; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-134, relating to restrictions on the withdrawal of nominated candidates, and inserting in its place a new Code Section 21-2-134 to read as follows:
"21-2-134. (a) Ne A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secre tary of State, if nominated for a state office, or the county superintendent, if nominated for a county office. The qualifying fee shall not be returned to the candidate. If the bal lots have been printed, the Secretary of State or the county superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the with drawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death; or disqualification of a candidate.
(b) (1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
{1} (A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairman chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however,

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that each county executive committee shall be entitled to select at least one dele gate. Such apportionment of delegates among the counties shall be based substan tially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-third's majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for the purpose;
{8} (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at
the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on
the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immedi
ately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively
presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the
vacancy shall be filled by a substitute nomination made by the state executive com mittee or a subcommittee thereof appointed for that purpose; and
43) (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled
at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the
vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the
party; persons who are present or former officials of the party; persons who pres ently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The
decision whether to fill such vacancy shall be made by the state executive commit tee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive com
mittee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive commit tee by 4:30 P.M. on the next business day following the actual knowledge of the
vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill
the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for
that purpose. The state executive committee or a subcommittee thereof may deter mine on its own who shall fill the vacancy as a substitute nominee but is authorized,
though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county
executive committee, if any; persons from the area who are active in the party; per sons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such
other persons as the committee or subcommittee may desire to consult.

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1161

(2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows:
(A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or
(B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. In the event such vacancy occurs less than 60 days prior to the date of such election, such vacancy shall not be filled. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal, deathj or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the withdrawal, deathz or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the gen eral election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. (e) In the event a candidate withdraws, dies2 or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 60 days before the general election, the nonparti san election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, deathj or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, deathz or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairman chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairman chairperson and secretary before an officer qualified to administer oaths."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

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Representative Ladd of the 59th moves to amend the Committee substitute to HB 376 by striking "deceased" and inserting in its place "withdrawn, deceased/' on line 10 of page 7.
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:

N Ashe N Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks,D N Brooks.T
Brown YBuck Y Buckner YBunn N Burkhalter YByrd
Campbell N Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T

Colwell Connell
YCox Y Crawford N Crews Y Culbreth
Y Cummings Davis.G
Y Davis.M Y Dickinson NDix N Dixon.H Y Dixon,S Y Dobbs Y Dover
Y Ehrhart YEpps
Evans Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Hanner Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes
N Hugley N James Y Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J N Johnston Y Jones Y Joyce YKaye
Y Kinnamon N Klein
YLadd YLakly
Y Lane,D Y Lane,R
Lawrence N Lawson YLee Y Lewis YLord
Y Lucas Y Maddox E Mann
Y Martin Y McBee
N McClinton Y McKinney,B Y Milam N Mills

N Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote
N Perry Y Pinholster YPoag N Polak
Porter YPoston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith.C
Y Smith,L Smith,P
N Smith.T Y Smith,V
Smith.W YSmyre YSnow Y Stancil,F
Y Stancil.S Y Stanley,L
Stanley.P Y Stephenson
Streat N Taylor
Teague NTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense N Tumquest
N Twiggs N Vaughan Y Walker N Wall Y Watson Y Watts Y Westmoreland N White
Williams.B
Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Stanley of the 50th and Smyre of the 136th stated that they inadvert ently voted "aye" on the preceding roll call. They 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 House was again taken up for consideration:

HB 446. By Representative Thomas of the 100th:
A bill to amend Article 2 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to board of jury commissioners, so as to provide remuneration for jury commissioners and the clerk of the board of jury com missioners.

MONDAY, MARCH 1, 1993

1163

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

N Ashe N Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks.T
Brown YBuck
Y Buckner Y Bunn N Burkhalter YByrd
Campbell Y Canty
Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark Y Coker N Coleman.B
Y Coleman.T

Y Colwell
Connell Y Cox
Y Crawford N Crews Y Culbreth Y Cummings
Davis.G Y Davis.M
N Dickinson NDix Y Dixon.H Y Dixon.S Y Dobbs
Dover Ehrhart YEpps N Evans Felton Y Floyd.J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Hanner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Holland

Y Holmes Howard
N Hudson Y Hughes Y Hugley Y James
Y Jamieson Y Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G N Johnson,J
N Johnston Jones
N Joyce NKaye N Kinnamon N Klein NLadd N Lakly Y Lane.D Y Lane.R N Lawrence Y Lawson YLee N Lewis YLord
Lucas N Maddox
E Mann Y Martin Y McBee Y McClinton
McKinney.B
Y Milam N Mills

Y Mobley,B
Y Mobley,J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry N Pinholster NPoag Y Polak
Porter Poston N Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Sbanahan Y Sherrill N Shipp Y Simpson Y Sinkfleld Y Skandalakis Skipper

Y Smith.C
Y Smith.L Smith,?
Y Smith.T
Y Smith,V Smith.W
Y Smyre Y Snow Y Stancil.F N Stancil.S Y StanleyJL
Stanley,P Y Stephenson
Streat Y Taylor
Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery N Trense
Turnquest Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Williams.B Williams.R N Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Holland of the 157th and Poston of the 3rd 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.

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

HB 689. By Representative Barnes of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities.

The following amendments were read and adopted:

The Committee on Health and Ecology moves to amend HB 689 by adding before the period on line 20 of page 1 the following:

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"and approval by resolution of the governing authority of the county in which the authorities are located".
Representative Barnes of the 33rd moves to amend HB 689 as follows: By striking "15" on line 15 page 2 and inserting "20".
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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart
YEpps Y Evans
Felton
Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M YHart Y Heard
Y Hegstrom Y Hembree
Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnaon,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
Y Ladd Y Lakly
Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Y Martin Y McBee
Y McClinton Y McKinney.B Y Milam Y Mills

Y Mobley.B Mobley ,J
Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Parham
Y Parrish Y Patten
E Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter
Y Poston Y Powell Y Purcell Y Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V
Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Street Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y W: hite
Williams.B Y Williams.R Y Yates 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.

Representatives Lane of the 55th and Mobley of the 86th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 311. By Representatives Coleman of the 142nd, Dover of the 9th, Connell of the 115th, Royal of the 164th, Watson of the 139th and others:
A bill to amend Code Section 3-2-30 and Code Section 48-11-19 of the Offi cial Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to pro vide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge.

MONDAY, MARCH 1, 1993

1165

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 Ashe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks.D Y Brooks,T
Brown YBuck Y Buckner
YBunn Y Burkhalter YByrd
Campbell
Y Canty Y Carlisle
Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman.B
Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans
Felton Y Floyd.J.M Y Floyd.J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H
Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D
Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
YLord Lucas
Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B
Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten
E Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter Y Poston Y Powell Y Purcell Y Randall
Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith.V
Smith.W
Y Smyre
YSnow Stancil.F
Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson
Y Watts Y Westmoreland
White Williams.B Y Williams.R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 264. By Representatives Baker of the 70th, Coleman of the 142nd, Thomas of the 100th and Chambless of the 163rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations partnerships, and associations, so as to provide for the forma tion, operation, and dissolution of limited liability companies; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses to form or be members of limited liability companies.

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the formation, operation, and dissolu tion of limited liability companies; to provide for a short title; to provide for definitions; to provide for purposes and powers of limited liability companies; to provide for articles of organization; to provide for execution of documents; to provide for filing of documents by the Secretary of State; to provide for names, the reservation thereof, and the transfer thereof; to provide for registered offices and registered agents and the change thereof; to

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provide for amendments of articles of organization; to provide for restatement of articles of organization; to provide for correction of filed documents; to provide for an election to become a limited liability company; to provide for the powers, duties, and authority of members and managers; to provide limitations on the conveyance of real property; to pro vide for liability to third parties; to provide for management; to provide for duties; to pro vide for indemnification; to prohibit or regulate conflicting interest transactions; to provide for approval rights of members and managers; to authorize certain actions without meet ings; to provide for meetings, notices, waiver of notices, records, and information; to pro vide for professional relationships; to provide for financial matters relating to limited liability companies; to provide for contributions to capital and liability for such contribu tions; to provide for allocation of profits and losses; to provide for distributions and mat ters and restrictions relating thereto; to provide for liability upon wrongful distributions; to provide for regulation of limited liability company interests and the admission of mem bers; to provide for assignments; to provide for rights of assignees and judgment creditors; to provide for admission of members; to provide for powers of the estate of a deceased or incompetent member; to provide for and regulate events of dissociation, withdrawal, and dissolution; to provide for judicial and administrative dissolution, winding up, distri bution of assets, and statements of commencement of winding up; to provide for known and unknown claims against dissolved limited liability companies; to provide for the man ner of publication of requests for claims; to provide for certificates of termination; to pro vide for and regulate foreign limited liability companies; to provide for laws applicable to foreign limited liability companies; to require certificates of authority and provide for mat ters related thereto; to require registered offices and registered agents for foreign limited liability companies and provide for matters related thereto; to provide for certificates of authority, names, amendments of certificates, withdrawal, revocation of certificates, appeals, failure to procure certificates, and penalties related to foreign limited liability companies; to provide for actions to restrain companies in violation of such laws; to pro vide for derivative actions and the practices, procedures, and expenses related thereto; to provide for mergers and the plans, approvals, articles, affects, practices, and procedures related thereto; to provide for rights of dissenters and matters related thereto; to provide for filing fees and penalties; to provide for executions by judicial act; to provide for annual registration; to provide for taxation; to provide for administrative powers of the Secretary of State; to provide for rules and regulations; to provide for construction; to provide for service of process and venue; to provide an effective date; to provide for severability and the repeal of conflicting laws; to provide that a corporation may elect to become a limited liability company; to provide for practices and procedures in connection therewith; to pro vide for operating agreements; to provide for a plan of election; to amend provisions relat ing to mergers of limited partnerships so as to provide that limited partnerships may merge with limited liability companies; to provide for terms, conditions, practices, and pro cedures in connection with such merger; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses and persons licensed, registered, or certified to practice or engage in certain professions and businesses and to restrict or prohibit certain professions and businesses and persons licensed, registered, or certified to practice or engage in certain professions and businesses to form or be members of limited liability companies; to change the provi sions relating to grounds for a state examining board to review to grant or to revoke a license; to change the provisions relating to the practice of accountancy and the State Board of Accountancy; to provide for the registration of firms and partnerships practicing public accountancy; to change the provisions relating to ownership of accountant's working papers; to change the provisions relating to the use of certain titles, abbreviations, or devices; to change the provisions relating to false or fraudulent claims; to change the pro visions relating to solicitation of employment; to change the provisions relating to archi
tects and the practice of architecture; to change the provisions relating to athlete agents
and the registration and regulation thereof; to change the provisions relating to auctioneers
and apprentice auctioneers and the regulation thereof; to change the provisions relating to
licenses; to change the provisions relating to the auctioneer's education, research, and
recovery fund; to change the provisions relating to professional counselors, social workers,

MONDAY, MARCH 1, 1993

1167

and marriage and family therapists; to change the provisions relating to dentists and the practice of dentistry and the regulation thereof; to change the provisions relating to the regulation of instructors in driver training and the operators of driver training schools; to change the provisions relating to the regulation of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors; to change the provi sions relating to low-voltage contracting and the regulation thereof; to change the provisions relating to utility contracting and the regulation thereof; to change the provi sions relating to the practice of professional engineering and the regulation thereof; to change the provisions relating to land surveying and the regulation thereof; to change the provisions relating to charitable solicitations, charitable organizations, and charitable solic itors and the regulation thereof; to change the provisions relating to contracts for preneed funeral services; to change the provisions relating to the practice of geology and the regula tion thereof; to change the provisions relating to landscape architects and the regulation thereof; to change the provisions relating to private detective and private security busi nesses and the regulation thereof; to change the provisions relating to regulation of real estate appraisers and the regulation thereof; to change the provisions relating to real estate brokers and associate brokers and salespersons and the regulation thereof; to change the provisions relating to the real estate education, research, and recovery fund; to change the provisions relating to real estate schools and instructors and the regulation thereof; to change the provisions relating to used car dealers and the regulation thereof; to change the provisions relating to used motor vehicle parts dealers, dismantlers, and rebuilders and sal vage dealers and the regulation thereof; to change the provisions relating to veterinary medicine and the practice and regulation thereof; to provide for other matters relative to the foregoing; to provide for other matters relating to limited liability companies, the members thereof, and the practice of professions, businesses, trades, and occupations by limited liability companies or members thereof; to change or add certain pronouns; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part I
Section 1. Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, is amended by striking Chapter 11, relating to foreign limited liability companies, which reads 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;

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(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 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

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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;
(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 ten 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

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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 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 July 1, 1992, or thereafter. For purposes of determining venue, the res idence 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 for
eign 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

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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.
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.

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(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 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;

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(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;
(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 sub section (c) of Code Section 14-11-4........................................................... No fee

(4) Annual registration............................................................................................ 25.00

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

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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.", and inserting in lieu thereof a new Chapter 11 to read as follows:
"CHAPTER 11 ARTICLE 1
14-11-100. This chapter may be cited as the 'Georgia Limited Liability Company Act.'
14-11-101. As used in this chapter, unless the context otherwise requires, the term: (1) 'Articles of organization' means the articles filed under Code Section 14-11-203
and such articles as amended or restated. (2) 'Business entity' means a limited liability company, a foreign limited liability
company, a limited partnership, a foreign limited partnership, a general partnership, a corporation, or a foreign corporation.
(3) 'Conflicting interest' with respect to a limited liability company means the interest a member or manager of the limited liability company has respecting a trans action effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest), with respect to which the member or manager has the power to act or vote, if:
(A) Whether or not the transaction is brought before the members or managers responsible for the decision, as the case may be, of the limited liability company for action, to the knowledge of the member or manager at the time of commitment, he or she or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the member or manager or a related person that it would reasonably be expected to exert an influence on the member or manager's judgment if he or she were called upon to vote on the transaction; or
(B) The transaction is brought (or is of such character and significance to the limited liability company that it would in the normal course be brought) before the members or managers responsible for the decision, as the case may be, of the lim ited liability company for action and, to the knowledge of the member or manager at the time of commitment, any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the member or manager's judgment if he or she were called upon to vote on the transaction: an entity (other than the limited liabil ity company) of which the member or manager is a director, general partner, mem ber, manager, agent, or employee; an entity that controls, is controlled by, or is under common control with one or more of the entities specified in the preceding clause; or an individual who is a general partner, principal, or employer of the mem ber or manager. (4) 'Contribution' means a contribution to the capital of a limited liability com pany authorized by Code Section 14-11-401. (5) 'Corporation' means a corporation incorporated under Chapter 2 of this title. (6) 'Distribution' means a direct or indirect transfer of money or other property (except its own limited liability company interests) by a limited liability company to or for the benefit of its members or their assignees in respect of any of its limited

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liability company interests. A distribution may be in the form of a transfer of money or other property; a purchase, redemption, or other acquisition of a limited liability company interest; a distribution of indebtedness; or otherwise.
(7) 'Event of dissociation' means an event that causes a person to cease to be a member, as provided in Code Section 14-11-601.
(8) 'Foreign corporation' means a corporation for profit formed under the laws of a jurisdiction other than this state.
(9) 'Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state.
(10) 'Foreign limited partnership' means a limited partnership formed under the laws of a jurisdiction other than this state.
(11) 'General partnership' means a partnership (other than a limited partnership) existing under the laws of this state or the laws of any other jurisdiction.
(12) 'Limited liability company' means a limited liability company formed under this chapter.
(13) 'Limited liability company interest' means a member's share of the profits and losses of a limited liability company and a member's right to receive distributions.
(14) 'Limited partnership' means a limited partnership formed under the laws of this state.
(15) 'Manager' means a person in whom management is vested in accordance with subsection (b) of Code Section 14-11-304.
(16) 'Member' means a person who has been admitted to a limited liability com pany as a member as provided in Code Section 14-11-505 and who has not ceased to be a member as provided in Code Section 14-11-601.
(17) 'Member or manager's conflicting interest transaction' with respect to a limited liability company means a transaction effected or proposed to be effected by the lim ited liability company (or by a person in which the limited liability company has a controlling interest) respecting which a member or manager of the limited liability company having the power to act or vote has a conflicting interest.
(18) 'Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provi sions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evi dencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment.
(19) 'Person' means an individual, business entity, business trust, estate, trust, asso ciation, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(20) 'Proceeding' means any threatened, pending, or completed action, suit, or pro ceeding, whether civil, criminal, administrative, or investigative and whether formal or informal.
(21) 'Related person' of a member or manager means:
(A) A child, grandchild, sibling, parent, or spouse of, or an individual occupying the same household as, the member or manager or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or
(B) A trust, estate, incompetent, conservator, or minor of which the member or manager is a fiduciary.

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(22) 'Required disclosure' means disclosure by the member or manager who has a conflicting interest of (A) the existence and nature of his or her conflicting interest, and (B) all facts known to him or her respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judg ment as to whether or not to proceed with the transaction.
(23) 'State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States.
(24) 'Time of commitment' respecting a member's or manager's conflicting interest transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the limited liability company (or the person in which it has a controlling interest) becomes contractually obligated so that its unilateral with drawal from the transaction would entail significant loss, liability, or other damage.
ARTICLE 2
14-11-201. (a) A limited liability company may be formed under this chapter for any lawful purpose. If the purpose for which a limited liability company is formed makes it subject to a special provision of law, the limited liability company shall also comply with that provision.
(b) A limited liability company formed under this chapter has, unless a more limited purpose is set forth in the articles of organization or a written operating agreement, the purpose of engaging in any lawful business in which corporations for profit, professional corporations, limited partnerships, or general partnerships formed in this state may engage.
14-11-202. Each limited liability company formed in this state shall have the same powers as any person has to do all things necessary to carry out its purpose, business, and affairs.
14-11-203. (a) One or more persons may act as the organizer or organizers of a lim ited liability company by delivering articles of organization to the Secretary of State for filing and supplying to the Secretary of State, in such form as the Secretary of State may require, the following information:
(1) The name and address of each organizer; (2) The street address and county of the limited liability company's initial regis tered office and the name of its initial registered agent at that office; and (3) The mailing address of the limited liability company's principal place of busi ness. (b) An organizer need not be a member of the limited liability company at the time of formation or thereafter. (c) A limited liability company is formed when the articles of organization become effective pursuant to Code Section 14-11-206. (d) The Secretary of State's filing of the articles of organization is conclusive proof that the organizers satisfied all conditions precedent to formation, except in a proceed ing by the state to cancel or revoke the formation. 14-11-204. (a) The articles of organization shall set forth: (1) The name of the limited liability company, which name must satisfy the requirements of Code Section 14-11-207; and (2) The latest date on which the limited liability company is to dissolve, (b) The articles of organization may set forth: (1) That management of the limited liability company is vested in one or more managers; and (2) Any other provisions not inconsistent with law. 14-11-205. (a) Unless otherwise specified in any other Code section of this chapter, any document required or permitted by this chapter to be delivered to the Secretary of State for filing shall be executed: (1) By any member; (2) By any manager if management of the limited liability company is vested in one or more managers;

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(3) By any organizer if the limited liability company has been formed but it has no members or managers; or
(4) If the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(b) The person executing the document shall sign it and state beneath or opposite his or her signature his or her name and the capacity in which he or she signs.
(c) The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State.
14-11-206. (a) A signed original and one exact or conformed copy of any document required or permitted to be filed pursuant to this chapter shall be delivered to the Sec retary of State. Unless the Secretary of State finds that the document does not conform to the filing provisions of this chapter, upon receipt of all filing fees and additional information required by law, he or she shall:
(1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and copy;
(2) File the original in his or her office; and
(3) Return the copy to the person who delivered the document to the Secretary of State or the person's representative. (b) If the Secretary of State refuses to file a document, he or she shall return it to the limited liability company or its representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal.
(c) The Secretary of State's duty to file documents under this chapter is ministerial. (d) If the Secretary of State finds that any document delivered for filing does not conform to the filing provisions of this chapter at the time such document is delivered to the Secretary of State, such document is deemed to have been filed at the time of delivery (or such later time and date as is authorized by paragraph (2) of subsection (e) or subsection (f) of this Code section) if the Secretary of State subsequently determines that:
(1) The document as delivered so conforms to the filing provisions of this chapter; or
(2) Within 30 days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing or that person's repre sentative, the documents are brought into conformance.
(e) Except as provided in subsection (d) of this Code section, a document accepted for filing is effective:
(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or
(2) At the time specified in the document as its effective time on the date it is filed.
(f) A document may specify a delayed effective time and date, and, if it does so, the document shall become effective at the time and date specified. If a delayed effective date but no effective time is specified, the document shall become effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date on which it is filed.
(g) A certificate attached to a copy of a document filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed
seal of this state is prima-facie evidence that the original document has been filed with
the Secretary of State. 14-11-207. (a) The name of each limited liability company shall be as set forth in
its articles of organization and:
(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 abbreviation 'L.L.C.', 'LLC', 'L.C.' or 'LC';
(2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, limited liability company, or limited partnership; any foreign cor poration, foreign limited liability company or foreign limited partnership having a cer
tificate of authority to transact business in this state; any nonprofit corporation,

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professional corporation, or professional association, domestic or foreign, on file with the Secretary of State pursuant to this title; or any name reserved or registered under this title; and
(3) Shall not in any instance exceed 80 characters, including spaces and punctua tion.
(b) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to paragraph (2) of subsection (a) of this Code section. Issuance of a limited liability company name does not affect the com mercial availability of the name.
14-11-208. (a) A person may apply to reserve the use of a limited liability company name that meets the requirements of subsection (a) of Code Section 14-11-207. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicant's use for a nonrenewable 90-day period.
(b) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.
14-11-209. (a) Each limited liability company shall continuously maintain in this state:
(1) A registered office which may, but need not, be a place of its business in this state; and
(2) A registered agent for service of process on the limited liability company. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact business in this state. (c) A limited liability company may change its registered office or its registered agent, or both, by indicating any such change on its annual registration filed pursuant to this chapter or by delivering to the Secretary of State for filing a statement setting forth:
(1) The name of the limited liability company; (2) The street address and county of its then registered office;
(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) A registered agent of a limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the registered agent's intention to resign to the lim ited liability company at the most recent mailing address of the limited liability compa ny's principal place of business in this state listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing of the limited liability company's annual registra tion or a statement designating a new registered agent and registered office if also dis continued or the thirty-first day after the date on which the statement of resignation was filed.
(e) A registered agent may change the agent's office and the address of the registered
office of any 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, setting forth the required information for all limited liability companies for which he or she is the registered agent, except that it need be signed only by the
registered agent and need not be responsive to paragraph (5) of subsection (c) of this

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Code section and must recite that a copy of the statement has been mailed to the lim ited liability company at the most recent mailing address of the limited liability compa ny's principal place of business listed on the records of the Secretary of State.
(f) The registered agent of one or more limited liability companies may resign and appoint a successor registered agent by signing and delivering to the Secretary of State for filing a statement stating that the agent resigns and the name and 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 limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such limited liability companies as have rati fied 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 limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement filed pursuant to this subsection.
(g) Whenever a limited liability company shall fail to appoint or maintain a regis tered agent in this state or whenever its registered agent cannot with reasonable dili
gence be found at the registered office, then the Secretary of State shall be an agent of such 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 delivering to and leaving with him or her or with any other person or per
sons designated by the Secretary of State to receive such service two copies of such pro cess, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the limited liability company failed either to maintain a reg
istered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the most recent regis tered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(h) The Secretary of State shall keep a record of all processes, notices, and demands
served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto.
(i) 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 limited liability company.
14-11-210. (a) A limited liability company amending its articles of organization shall deliver to the Secretary of State for filing articles of amendment setting forth:
(1) The name of the limited liability company;
(2) The date the articles of organization were filed; (3) The amendment to the articles of organization; and (4) The effective date and time of the amendment if later than the date and time the articles of amendment are filed.
(b) The articles of organization may be amended in any and as many respects as
may be desired so long as the articles of organization as amended contain only provi sions that may be lawfully contained in articles of organization at the time of making the amendment.
(c) Articles of organization may be restated to include only those provisions then in effect, or amended and so restated, at any time. Restated articles of organization shall
be delivered to the Secretary of State for filing and shall be specifically designated as such in the heading.
14-11-211. (a) A limited liability company or foreign limited liability company may correct a document filed by the Secretary of State if the document:
(1) Contains an incorrect statement; or
(2) Was defectively executed, (b) A document is corrected:
(1) By preparing articles of correction that:
(A) Describe the document (including its filing date) or attach a copy of it to the articles of correction;
(B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and

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(C) Correct the incorrect statement or defective execution; and
(2) By delivering the articles to the Secretary of State for filing. (c) Articles of correction that are filed by the Secretary of State are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
14-11-212. (a) A corporation, limited partnership, or general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a corporation, or (2) the approval of all of its partners (or such other approval as may be sufficient under applicable law to authorize such election) in the case of a limited partnership or general partnership.
(b) Such election is made by delivering a certificate of election to the Secretary of State for filing. The certificate shall set forth:
(1) The name of the corporation, limited partnership, or general partnership mak ing the election;
(2) That the corporation, limited partnership, or general partnership elects to become a limited liability company;
(3) The effective date and time of such election if later than the date and time the certificate of election is filed;
(4) That the election has been approved as required by subsection (a) of this Code section;
(5) That filed with the certificate of election are articles of organization that are in the form required by Code Section 14-11-204, that set forth a name for the limited liability company that satisfies the requirements of Code Section 14-11-207, and that shall be the articles of organization of the limited liability company formed pursuant to such election unless and until modified in accordance with this chapter; and
(6) A statement that either (A) states the manner and basis for converting the shares of the corporation or the interests of the partners in the limited partnership or general partnership into interests as members of the limited liability company formed pursuant to such election, or (B) states (i) that a written operating agreement has been entered into among the persons who will be the members of the limited lia bility company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion.
(c) Upon the election becoming effective: (1) The corporation, limited partnership, or general partnership shall become a
limited liability company formed under this chapter by such election; (2) The shares of the corporation or the interests of the partners of the limited
partnership or general partnership making the election shall be converted on the basis stated or referred to in the certificate of election in accordance with paragraph (6) of subsection (b) of this Code section;
(3) The articles of organization filed with the certificate of election shall be the articles of organization of the limited liability company formed pursuant to such elec tion unless and until amended in accordance with this chapter;
(4) The articles of incorporation and bylaws of the corporation, certificate of lim ited partnership and partnership agreement of the limited partnership, or partnership agreement and statement of partnership, if any, of the general partnership making the election shall be of no further force or effect;
(5) The limited liability company formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of
the corporation, limited partnership, or general partnership making the election; and all property, real, personal, and mixed, and all debts due to such corporation, limited
partnership, or general partnership, as well as all other choses in action, and each and every other interest of or belonging to or due to the corporation, limited partnership,
or general partnership shall be taken and deemed to be vested in the limited liability company formed by such election without further act or deed; and the title to any real

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estate, or any interest therein, vested in the corporation, limited partnership, or gen eral partnership shall not revert or be in any way impaired by reason of such election; and
(6) The limited liability company formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the corpo ration, limited partnership, or general partnership making the election, and any claim existing or action or proceeding pending by or against such corporation, limited part nership, or general partnership may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the corpo ration, limited partnership, or general partnership shall be impaired by such election.
ARTICLE 3
14-11-301. (a) Except as provided in subsection (b) of this Code section, every member is an agent of the limited liability company for the purpose of its business and affairs, and the act of any member, including, but not limited to, the execution in the name of the limited liability company of any instrument for apparently carrying on in the usual way the business and affairs of the limited liability company of which he or she is a member, binds the limited liability company, unless the member so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom he or she is dealing has knowledge of the fact that the mem ber has no such authority.
(b) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(1) No member, acting solely in the capacity as a member, is an agent of the lim ited liability company; and
(2) Every manager is an agent of the limited liability company for the purpose of its business and affairs, and the act of any manager, including, but not limited to, the execution in the name of the limited liability company of any instrument for appar ently carrying on in the usual way the business and affairs of the limited liability com pany of which he or she is a manager, binds the limited liability company, unless the manager so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom he or she is dealing has knowledge of the fact that the manager has no such authority. (c) An act of a manager or a member that is not apparently for the carrying on in the usual way the business or affairs of the limited liability company does not bind the limited liability company unless authorized in accordance with a written operating agree ment at the time of the transaction or at any other time. (d) No act of a manager or member in contravention of a restriction on authority shall bind the limited liability company to persons having knowledge of the restriction. 14-11-302. Limitations on the authority of any or all members or managers that are set forth in a limited liability company's articles of organization shall be conclusively presumed in favor of the limited liability company and against a grantee of the limited liability company, or a person claiming through such grantee, with respect to limited lia bility company real property located in a county of this state if a copy of the articles of organization certified by the Secretary of State is filed in the office of the clerk of the superior court of the county where the real property is located and recorded in the book kept by such clerk for statements of partnership pursuant to Code Section 14-8-10.1. 14-11-303. A person who is a member, manager, agent, or employee of a limited lia bility company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability com pany, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. 14-11-304. (a) Unless the articles of organization or a written operating agreement vests management of the limited liability company in a manager or managers, manage ment of the business and affairs of the limited liability company shall be vested in the

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members, and, subject to any provisions in the articles of organization or a written oper ating agreement, the members shall have the right and authority to manage the affairs of the limited liability company and to make all decisions with respect thereto. The arti cles of organization or a written operating agreement may contain any provision relating to any phase of managing the business or regulating the affairs of the limited liability company.
(b) If the articles of organization or a written operating agreement vests management of the limited liability company in one or more managers, then such persons shall have such right and authority to manage the business and affairs of the limited liability com pany as is provided in the articles of organization or a written operating agreement. Unless otherwise provided in the articles of organization or a written operating agree ment, such persons:
(1) Shall be designated, appointed, elected, removed, or replaced by the approval of more than one half by number of the members;
(2) Need not be members of the limited liability company or natural persons; and (3) Unless they have been earlier removed or have earlier resigned, shall hold office until their successors shall have been elected and qualified.
(c) A written operating agreement may provide that (1) a member or manager who fails to perform in accordance with, or to comply with the terms and conditions of, the
written operating agreement shall be subject to specified penalties or specified conse quences, and (2) at the time or upon the happening of events specified in a written operating agreement, a member or manager shall be subject to specified penalties or
specified consequences. (d) A person who is both a manager and member has the rights and powers, and is
subject to the restrictions and liabilities, of a manager and, except as provided in the articles of organization or a written operating agreement, also has the rights and powers,
and is subject to the restrictions and liabilities, of a member to the extent of his or her participation in the limited liability company as a member.
14-11-305. In managing the business or affairs of a limited liability company:
(1) A member or manager shall act in a manner he or she believes in good faith to be in the best interests of the limited liability company and with the care an ordi
narily prudent person in a like position would exercise under similar circumstances. A member or manager is not liable to the limited liability company, its members, or its managers for any action taken in managing the business or affairs of the limited
liability company if he or she performs the duties of his or her office in compliance with this Code section. A person who is a member of a limited liability company in
which management is vested in one or more managers, and who is not a manager, shall have no duties to the limited liability company or to the other members solely by reason of acting in his or her capacity as a member;
(2) A member or manager, as the case may be, is entitled to rely on information, opinions, reports, or statements, including but not limited to financial statements or
other financial data, if prepared or presented by: (A) One or more members, managers, or employees of the limited liability com
pany whom the member or manager reasonably believes to be reliable and compe
tent in the matter presented; (B) Legal counsel, public accountants, or other persons as to matters the mem
ber or manager reasonably believes are within the person's professional or expert
competence; or (C) A committee of members or managers of which he or she is not a member
if the manager reasonably believes the committee merits confidence; (3) In the instances described in paragraph (1) of this Code section, a member or manager is not entitled to rely if he or she has knowledge concerning the matter in
question that makes reliance otherwise permitted by paragraph (1) of this Code sec
tion unwarranted; and (4) To the extent that, pursuant to paragraph (1) of this Code section or otherwise
at law or in equity, a member or manager has duties (including fiduciary duties) and liabilities relating thereto to a limited liability company or to another member or man
ager:

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(A) The member's or manager's duties and liabilities may be expanded, restricted, or eliminated by provisions in the articles of organization or a written operating agreement; provided, however, that no such provision shall eliminate or limit the liability of a member or manager:
(i) For intentional misconduct or a knowing violation of law; or (ii) For any transaction for which the person received a personal benefit in violation or breach of any provision of a written operating agreement; and (B) The member or manager shall have no liability to the limited liability com pany or to any other member or manager for his or her good faith reliance on the provisions of a written operating agreement, including, without limitation, provisions thereof that relate to the scope of duties (including fiduciary duties) of members
and managers. 14-11-306. Subject to such standards and restrictions, if any, as are set forth in the articles of organization or a written operating agreement, a limited liability company may, and shall have the power to, indemnify and hold harmless any member or manager or other person from and against any and all claims and demands whatsoever arising in connection with the limited liability company; provided, however, that no limited lia bility company shall have the power to indemnify any member or manager for any liabil ity that may not be eliminated or limited by the articles of organization or a written operating agreement by reason of division (4)(A)(i) or (ii) of Code Section 14-11-305. 14-11-307. (a) The provisions of this Code section shall apply to a limited liability company unless its articles of organization or a written operating agreement provides that they shall not apply. If the provisions of this Code section apply to a limited liabil ity company, its articles of organization or a written operating agreement may limit, expand, or modify, in any manner whatsoever, the effect thereof. If the provisions of this Code section do not apply to a limited liability company, its articles of organization or a written operating agreement may, but is not required to, contain any provision whatso ever relating to transactions that might give rise to conflicts of interest for members or managers.
(b) A transaction effected or proposed to be effected by a limited liability company (or by a person in which the limited liability company has a controlling interest) that is not a member's or manager's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a member or by or in the right of the limited liability company, on the ground of a conflicting interest in the transaction of a member or manager or any person with whom or which he or she has a personal, economic, or other association.
(c) A member's or manager's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a member or by or in the right of the limited liability company, on the ground of a conflicting interest in the transaction of the member or manager, as the case may be, or any person with whom or which he or she has a personal, economic, or other association, if:
(1) The member's or manager's action respecting the transaction was at any time taken in compliance with this Code section; or
(2) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the limited liability company.
(d) A member's or manager's action respecting a transaction is effective for purposes of paragraph (1) of subsection (c) of this Code section if the transaction received the approval of a majority of those qualified members or managers who expressed approval or disapproval of the transaction after either required disclosure to them (to the extent the information was not known by them) or compliance with subsection (e) of this Code section.
(e) If a member or manager has a conflicting interest respecting a transaction, but neither he or she nor a related person of the member or manager specified in paragraph (21) of Code Section 14-11-101 is a party thereto, and if the member or manager has a duty under law or professional canon, or a duty of confidentiality to another person, respecting information relating to the transaction such that the member or manager can not, consistent with that duty, make the disclosure contemplated by paragraph (22) of

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Code Section 14-11-101, then disclosure is sufficient for purposes of subsection (d) of this Code section if the member or manager:
(1) Discloses to the members or managers voting on the transaction the existence and nature of his or her conflicting interest and informs them of the character of and limitations imposed by that duty prior to their vote on the transaction; and
(2) Plays no part, directly or indirectly, in their deliberations or vote. (f) A majority of all the qualified members or managers constitutes a quorum for purposes of action that complies with this Code section. Members' or managers' action that otherwise complies with this Code section is not affected by the presence or vote of a member or manager who is not a qualified member or manager. (g) For purposes of this Code section, 'qualified member or manager' means, with respect to a member's or manager's conflicting interest transaction, any member (if man agement of the limited liability company is not vested in a manager or managers) or manager (if management of the limited liability company is vested in a manager or man agers) who does not have either a conflicting interest respecting the transaction or a familial, financial, professional, or employment relationship with a second member or manager who does have a conflicting interest respecting the transaction, which relation ship would, in the circumstances, reasonably be expected to exert an influence on the first member's or manager's judgment when voting on the transaction. 14-11-308. (a) Except as otherwise provided in this chapter or in the articles of organization or a written operating agreement, and subject to subsection (b) of this Code section:
(1) If management of the limited liability company is vested in the members, each member shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the members shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company; and
(2) If management of the limited liability company is vested in a manager or man agers, each manager shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the managers shall be required to decide, any matter arising in connection with the business and affairs of the limited liability com pany, (b) Unless otherwise provided in the articles of organization or a written operating agreement, the unanimous vote or consent of the members shall be required to approve the following matters:
(1) The dissolution the limited liability company under paragraph (3) of Code Sec tion 14-11-602;
(2) The merger of the limited liability company under subsection (a) of Code Sec tion 14-11-903;
(3) The sale, exchange, lease, or other transfer of all or substantially all of the assets of the limited liability company. For the purposes of this paragraph, assets shall be deemed to be less than all or substantially all of a limited liability company's assets if the value of the assets does not exceed two-thirds of the value of all of the assets of the limited liability company and the revenues represented or produced by such assets do not exceed two-thirds of the total revenues of the limited liability company; provided, however, that this paragraph shall not create any inference that the sale, exchange, lease, or other transfer of assets exceeding the amounts described in this paragraph is the sale of all or substantially all of the assets of the limited liability company;
(4) The admission of any new member of the limited liability company under sub section (b) of Code Section 14-11-504;
(5) An amendment to the articles of organization under Code Section 14-11-210 or an amendment to a written operating agreement;
(6) Action under subsection (b) of Code Section 14-11-402 to reduce or eliminate an obligation to make a contribution to the capital of a limited liability company;
(7) Action to approve a distribution under Code Section 14-11-404; or
(8) Action to continue a limited liability company under paragraph (4) of Code Section 14-11-602.

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14-11-309. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) Action required or permitted by this chapter to be taken by members or man agers may be taken without a meeting if the action is taken by all the members or managers entitled to vote on the action or, if so provided in the articles of organiza tion or a written operating agreement, by persons who would be entitled to vote not less than the minimum number of votes that would be necessary to authorize or take the action. The action must be evidenced by one or more written consents describing the action taken, signed by members or managers entitled to take such action, and delivered to the limited liability company for inclusion in its records;
(2) If not otherwise fixed under the articles of organization or a written operating agreement, the record date for determining members or managers entitled to take action without a meeting is the date the first member or manager signs the consent;
(3) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document; and
(4) If action is taken under this Code section by less than all of the members or managers entitled to vote on the action, all members or managers entitled to vote on the action who did not participate in taking the action shall be given written notice of the action not more than ten days after the taking of the action without a meeting, but the failure to give such notice shall not invalidate the action so taken. 14-11-310. (a) Except as otherwise provided in the articles of organization or a writ ten operating agreement, if the limited liability company has more than one manager:
(1) Meetings of managers may be called by any manager; (2) At least two days' notice of any meeting of managers shall be given by any manager calling the meeting; (3) Managers may participate in any meeting by, or conduct the meeting through the use of, any means of communication by which all members participating may simultaneously hear each other during the meeting. A manager participating in a meeting by this means is deemed to be present in person at the meeting; (4) A majority in number of managers shall constitute a quorum for a meeting of
managers; and (5) The act of a majority of managers at a meeting of managers at which a quorum
is present shall be required for managers to take action on any matter where a vote of managers is required. (b) Unless otherwise provided in the articles of organization or a written operating
agreement: (1) Meetings of members may be called by at least 25 percent of the members; (2) At least two days' notice of all meetings of members shall be given by the
members authorized to call meetings; (3) Members may participate in any meeting by, or conduct the meeting through
the use of, any means of communication by which all members participating may simultaneously hear each other during the meeting. A member participating in a meet ing by this means is deemed to be present in person at the meeting;
(4) A majority of the members shall constitute a quorum for a meeting of mem bers; and
(5) Except as otherwise provided in this chapter, the act of a majority of members present at a meeting at which a quorum is present shall be required to take action on any matter where a vote of members is required.
14-11-311. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) Notice shall be in writing unless oral notice is reasonable under the circum
stances; (2) Notice may be communicated in person; by telephone, telegraph, teletype, or
other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspa per of general circulation in the area where published or by radio, television, or other form of public broadcast communication;

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(3) Written notice to a person that is required by this title to maintain a registered agent and a registered office in this state may be, but is not required to be, addressed to its registered agent at its registered office;
(4) Written notice, if in a comprehensible form, is effective at the earliest of the following:
(A) When received, or when delivered, properly addressed, as permitted by para graph (2) of this Code section or to the addressee's last known principal place of business or residence;
(B) Five days, or such other period as shall be provided in the articles of organi zation or a written operating agreement, after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed to a member or manager at the address shown in the limited liability company's current record of members or managers; or
(C) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee;
(5) Oral notice is effective when communicated if communicated in a comprehen sible manner;
(6) In calculating time periods for notice under this chapter, when a period of time
measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and
(7) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. 14-11-312. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) A member or manager may waive any notice required by this chapter, the arti cles of organization, or an operating agreement before or after the date and time
stated in the notice. The waiver must be in writing, be signed by the member or man ager entitled to the notice, and be delivered to the limited liability company for inclu sion in its records;
(2) A member or manager's attendance at a meeting: (A) Waives objection to lack of notice or defective notice of the meeting, unless
the member or manager at the beginning of the meeting objects to holding the
meeting or transacting business at the meeting; and (B) Waives objection to consideration of a particular matter at the meeting that
is not within the purpose or purposes described in the meeting notice, unless the
member or manager objects to considering the matter when it is presented; and (3) Unless required by a written operating agreement, neither the business trans acted nor the purpose of the meeting need be specified in the waiver.
14-11-313. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) Each limited liability company shall keep at its principal office the following:
(A) A current list of the name and last known address of each member and man ager;
(B) Copies of records that would enable a member to determine the relative vot
ing rights, if any, of the members; (C) A copy of the articles of organization, together with any amendments
thereto; (D) Copies of the limited liability company's federal, state, and local income tax
returns, if any, for the three most recent years; (E) A copy of any operating agreement that is in writing, together with any
amendments thereto; and
(F) Copies of financial statements, if any, of the limited liability company for the three most recent years; (2) A member may:
(A) At the member's own expense, inspect and copy any limited liability com
pany record upon reasonable request during ordinary business hours;

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(B) Obtain from time to time upon reasonable demand: (i) True and complete information regarding the state of the business and
financial condition of the limited liability company; (ii) Promptly after becoming available, a copy of the limited liability compa
ny's federal, state, and local income tax returns, if any, for each year; and (iii) Other information regarding the affairs of the limited liability company as
is just and reasonable; and (3) If the limited liability company refuses to permit the inspection authorized by paragraph (2) of this Code section, the member demanding inspection may apply to the superior court for the county in which the registered office of the limited liability company is located, upon such notice as the court may require, for an order directing the limited liability company to show cause why an order permitting such inspection by the applicant should not be granted. The court shall hear the parties summarily, by affidavit or otherwise, and if the limited liability company fails to establish that the applicant is not entitled to such inspection, the court shall grant an order permit ting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorneys' fees, as the court may deem just and proper. 14-11-314. This chapter does not alter any law applicable to the relationship between a person rendering professional services and a person receiving those services, including liability arising out of those professional services. This chapter does not alter any law with respect to disregarding legal entities. The failure of a limited liability company to observe formalities relating to the exercise of its powers or the management of its busi ness and affairs is not a ground for imposing personal liability on a member, manager, agent, or employee of the limited liability company for liabilities of the limited liability company.
ARTICLE 4
14-11-401. A contribution to the capital of a limited liability company may be in cash, tangible or intangible property, services rendered, or a promissory note or other obligation to contribute cash or tangible or intangible property, or to perform services.
14-11-402. (a) Notwithstanding any other provision of law regarding unwritten con tracts, including but not limited to Code Section 13-5-31, a promise to make a contribu tion to the capital of a limited liability company is not enforceable unless it is set out in the articles of organization or a written operating agreement that is binding on the person to be charged or in another writing signed by that person.
(b) Unless otherwise provided in the articles of organization or a written operating agreement, the obligation of a person to make a contribution to the capital of a limited liability company may be reduced or eliminated only with the unanimous consent of the members.
(c) A written operating agreement may provide that the interest of any member who fails to make any contribution that he or she is obligated to make shall be subject to specified penalties for, or specified consequences of, such failure. Such penalty or conse quence may take the form of reducing or eliminating the defaulting member's propor tionate interest in a limited liability company, subordinating his or her limited liability company interest to that of nondefaulting members, a forced sale of his or her limited liability company interest, forfeiture of his or her limited liability company interest, the lending by other members of the amounts necessary to meet his or her commitment, a fixing of the value of his or her limited liability company interest by appraisal or by for mula and redemption or sale of his or her limited liability company interest at such value, or other penalty or consequence.
14-11-403. The profits and losses, and each item thereof, of a limited liability com pany shall be allocated among the members in the manner provided in the articles of organization or in a written operating agreement. If the articles of organization or a writ ten operating agreement does not so provide, profits and losses, and each item thereof, shall be allocated equally among the members.

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14-11-404. A member shall be entitled to receive distributions from a limited liability company before the dissolution and winding up of the limited liability company only to the extent, and at the times or upon the happening of the events, specified in the arti cles of organization or a written operating agreement, or as otherwise approved by all of the members. Subject to Code Section 14-11-405, distributions by a limited liability company to its members, both prior to and after the dissolution of the limited liability company, shall be shared among the members in the manner provided in the articles of organization or a written operating agreement. Subject to Code Section 14-11-405, if the articles of organization or a written operating agreement does not provide the manner in which distributions are to be shared, distributions shall be shared equally among the members.
14-11-405. Except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member with respect to which an event of dissociation occurs (other than one of the events specified in para graphs (2) and (4) of subsection (a) of Code Section 14-2-601) is entitled to receive,
within a reasonable time after the occurrence of the event, the fair value of the member's interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company.
14-11-406. Except as provided in the articles of organization or a written operating
agreement: (1) A member, regardless of the nature of the member's contribution, has no right
to demand and receive any distribution from a limited liability company in any form
other than cash; and (2) No member may be compelled to accept from a limited liability company a dis
tribution of any asset in kind to the extent that the percentage of the asset distrib
uted to the member exceeds a percentage that is equal to the percentage in which the member shares in distributions from the limited liability company. 14-11-407. (a) No distribution to a member, to an assignee, or with respect to the
interest of a member as to which an event of dissociation has occurred may be made if, after giving effect to the distribution:
(1) The limited liability company would not be able to pay its debts as they become due in the usual course of business; or
(2) The limited liability company's total assets would be less than the sum of its
total liabilities plus, unless the articles of organization or a written operating agree ment provides otherwise, the amount that would be needed, if the limited liability
company were to be dissolved at the time of the distribution, to satisfy the preferen tial rights, if any, of other members upon dissolution that are superior to the rights
of the member receiving the distribution. (b) The limited liability company may base a determination that a distribution is not
prohibited under subsection (a) of this Code section either on: (1) Financial statements prepared on the basis of accounting practices and princi
ples that are reasonable under the circumstances; or
(2) A fair valuation or other method that is reasonable under the circumstances. (c) Except as provided in subsection (e) of this Code section, the effect of a distribu
tion under subsection (a) of this Code section is measured: (1) In the case of distribution by purchase, redemption, or other acquisition of a
limited liability company interest, as of the earlier of: (A) The date money or other property is transferred or debt incurred by the
limited liability company; or (B) The date the member ceases to be a member with respect to the acquired
limited liability company interest;
(2) In the case of any other distribution of indebtedness, as of the date the indebt edness is distributed; and
(3) In all other cases, as of: (A) The date the distribution is authorized if payment occurs within 120 days
after the date of authorization; or (B) The date the payment is made if it occurs more than 120 days after the
date of authorization.

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(d) A limited liability company's indebtedness incurred by reason of a distribution made in accordance with this Code section is at parity with the limited liability compa ny's indebtedness to its general, unsecured creditors, except to the extent subordinated by agreement or except to the extent secured.
(e) Indebtedness of a limited liability company, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations made under sub section (a) of this Code section if its terms provide that payment of principal and inter est is to be made only if, and to the extent that, payment of a distribution to members could then be made under this Code section, and if such indebtedness is issued as a dis tribution, each payment of principal or interest on the indebtedness is treated as a dis tribution, the effect of which is measured on the date the payment is actually made.
14-11-408. (a) A member or manager who votes for or expressly consents to a distri bution that is made in violation of the articles of organization, a written operating agree ment, or Code Section 14-11-407 is personally liable to the limited liability company for the amount of the distribution that exceeds what could have been distributed without violating the articles of organization, written operating agreement, or Code Section 14-11-407, if it is established that such member or manager did not act in compliance with Code Section 14-11-407 and violated a duty owed under Code section 14-11-305 (without regard to any limitation on such duty permitted by paragraph (4) of Code Sec tion 14-11-305).
(b) Bach member or manager held liable under subsection (a) of this Code section for an unlawful distribution is entitled to contribution:
(1) From each other member or manager who could be held liable under subsec tion (a) of this Code section for the unlawful distribution; and
(2) From each member for the amount the member received knowing that the dis tribution was made in violation of the articles of organization, written operating agree ment, or Code Section 14-11-407. (c) A proceeding under this Code section is barred unless it is commenced within two years after the date on which the effect of the distribution is measured under Code Sec tion 14-11-407. 14-11-409. At the time a member becomes entitled to receive a distribution, the member has the status of, and is entitled to all remedies available to, a creditor of the limited liability company with respect to the distribution.
ARTICLE 5
14-11-501. (a) A limited liability company interest is personal property. A member has no interest in specific limited liability company property.
(b) An operating agreement or the articles of organization may provide that a limited liability company interest may be evidenced by a certificate issued by the limited liabil ity company.
14-11-502. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) A limited liability company interest is assignable in whole or in part; (2) An assignment entitles the assignee to share in the profits and losses and to receive the distributions to which the assignor was entitled, to the extent assigned; (3) An assignment of a limited liability company interest does not of itself dissolve the limited liability company or entitle the assignee to participate in the management and affairs of the limited liability company or to become or exercise any rights of a member until admitted as a member pursuant to Code Section 14-11-505; (4) Until the assignee of a limited liability company interest becomes a member, the assignor continues to be a member with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor pursuant to subparagraph (a)(3)(B) of Code Section 14-11-601; (5) Until the assignee of a limited liability company interest becomes a member, the assignee shall have no liability as a member solely as a result of the assignment; (6) A member who assigns his or her entire limited liability company interest ceases to be a member or to have the power to exercise any rights of a member when

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all of the assignees of his or her entire limited liability company interest become mem bers with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor earlier pursuant to subparagraph (a)(3)(B) of Code Section 14-11-601; and
(7) The pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member. 14-11-503. Except as otherwise provided in the articles of organization or a written operating agreement:
(1) An assignee of a limited liability company interest may become a member only if the other members unanimously consent;
(2) An assignee who has become a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a member under the articles of organization, any operating agreement, and this chapter;
(3) An assignee who becomes a member is liable for the obligations to make contri butions that are enforceable against his or her assignor under Code Section 14-11-402,
but he or she is not liable for: (A) The obligations of his or her assignor under Code Section 14-11-408; or (B) Other obligations of his or her assignor (including obligations to make con
tributions) of which the assignee had no knowledge at the time he or she became a member and which could not be ascertained from the articles of organization or a written operating agreement; and (4) Whether or not an assignee of a limited liability company interest becomes a member, the assignor is not released from his or her liability to the limited liability company under Code Section 14-11-402 or Code Section 14-11-408. 14-11-504. (a) On application to a court of competent jurisdiction by any judgment creditor of a member or of any assignee of a member, the court may charge the limited liability company interest of the member or such assignee with payment of the unsatis fied amount of the judgment with interest. To the extent so charged, the judgment cred itor has only the rights of an assignee of the limited liability company interest. This chapter does not deprive any member of the benefit of any exemption laws applicable to his or her limited liability company interest.
(b) The remedy conferred by this Code section shall not be deemed exclusive of oth ers which may exist, including, without limitation, the right of a judgment creditor to reach the limited liability company interest of the member by process of garnishment served on the limited liability company.
14-11-505. (a) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of:
(1) The formation of the limited liability company; or
(2) The time provided in and upon compliance with the articles of organization or a written operating agreement or, if the articles of organization and any written oper ating agreement do not so provide, when the person's admission is reflected in the records of the limited liability company.
(b) After the formation of a limited liability company, a person acquiring a limited liability company interest directly from the limited liability company is admitted as a member of the limited liability company at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, upon the consent of all members and when the person's admission is reflected in the records of the limited
liability company. (c) An assignee of a limited liability company interest is admitted as a member of
the limited liability company upon compliance with paragraph (1) of Code Section 14-11-503 and at the time provided in and upon compliance with the articles of organi zation and any written operating agreement or, if the articles of organization or a writ ten operating agreement does not so provide, when any such person's permitted

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admission is reflected in the records of the limited liability company; provided, however, that an assignee shall not be admitted as a member of the limited liability company until such assignee has consented to such admission.
14-11-506. Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative has all of the rights of an assignee of all of the member's limited liability company interest.
ARTICLE 6
14-11-601. (a) A person ceases to be a member of a limited liability company upon the occurrence of any of the following events:
(1) The member withdraws by voluntary act from the limited liability company as provided in subsection (c) of this Code section;
(2) The member ceases to be a member of the limited liability company as pro vided in paragraph (6) of Code Section 14-11-502;
(3) The member is removed as a member: (A) In accordance with the articles of organization or a written operating agree
ment; or (B) Subject to contrary provision in the articles of organization or in a written
operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (4) The member's entire interest in the limited liability company is purchased or redeemed by the limited liability company; (5) Subject to contrary provision in the articles of organization or a written operat ing agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, con sents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (6) Subject to contrary provision in the articles of organization or a written operat ing agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganiza tion, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (7) Subject to contrary provision in the articles of organization or a written operat ing agreement, or written consent of all other members at the time, in the case of a member who is an individual:
(A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (b) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (c) Except as otherwise provided in the articles of organization or a written operating agreement, a member may withdraw from the limited liability company at any time by

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giving written notice to the other members at least 30 days in advance of his or her withdrawal or such other notice as is provided for in a written operating agreement.
14-11-602. A limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement;
(2) Upon the happening of events specified in the articles of organization or a writ ten operating agreement;
(3) At a time approved by all the members;
(4) Subject to contrary provision in the articles of organization or a written operat ing agreement, 90 days after any event of dissociation with respect to any member, unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organi zation or a written operating agreement; or
(5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 14-11-603.
14-11-603. (a) On application by or for a member, the court may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or a written operating agree ment. A certified copy of any such decree shall be delivered to the Secretary of State, who shall file it.
(b) (1) The Secretary of State may commence a proceeding under this subsection to dissolve a limited liability company administratively if:
(A) The limited liability company does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due;
(B) The limited liability company is without a registered agent or registered office in this state for 60 days or more; or
(C) The limited liability company does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its regis
tered agent has resigned, or that its registered office has been discontinued. (2) If the Secretary of State determines that one or more grounds exist under this
subsection for dissolving a limited liability company, he or she shall provide the lim ited liability company with written notice of his or her determination by mailing a
copy of the notice, first-class mail, to the limited liability company at the last known address of its principal office or to the registered agent. If the limited liability com pany does not correct each ground for dissolution or demonstrate to the reasonable
satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the limited liability company, the Secretary of State shall administratively dissolve the limited liability
company by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate.
(3) A limited liability company administratively dissolved continues its existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs. Winding up the business of a limited liability company adminis tratively dissolved may include, without limitation, the limited liability company pro
ceeding, at any time after the effective date of the administrative dissolution, in accordance with Code Sections 14-11-607 and 14-11-608. The administrative dissolu
tion of a limited liability company does not terminate the authority of its registered agent.
(4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five years after the effec tive date of dissolution. The application must:
(A) Recite the name of the limited liability company and the effective date of its administrative dissolution;
(B) State that the ground or grounds for dissolution either did not exist or have been eliminated;

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(C) State that the limited liability company's name satisfies the requirements of Code Section 14-11-207;
(D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and
(E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the lim ited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred. (5) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, he or she shall serve the limited liability company with a written notice that explains the reason or reasons for denial. The limited liability company may appeal the denial of reinstatement to the superior court of the county where the limited liability company's registered office is or was located within 30 days after service of the notice of denial is perfected. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the limited liability company's application for reinstatement, and the Secretary of State's notice of denial. The court's final decision may be appealed as in other civil proceedings. 14-11-604. (a) Except as otherwise provided in the articles of organization or a writ ten operating agreement, upon dissolution, the members or managers in whom manage ment of the limited liability company was vested prior to dissolution may wind up a dissolved limited liability company's affairs. For cause shown, the court may wind up a dissolved limited liability company's affairs on application of any member as to which an event of dissociation has not occurred, any such member's legal representative, or any such member's assignee.
(b) Except so far as may be appropriate to wind up the limited liability company's affairs or to complete transactions begun but not then finished, dissolution terminates all authority of every person to act for the limited liability company; provided, however, that, prior to the filing of a statement of commencement of winding up, the limited lia bility company shall be bound to any person who lacks knowledge of the dissolution with respect to any transaction which would bind the limited liability company if disso lution had not taken place.
14-11-605. (a) In connection with its winding up, a limited liability company shall (1) discharge, make provision to discharge, or dispose of pursuant to Code Sections 14-11-607 and 14-11-608, its liabilities, and (2) subject to any applicable provisions in the articles of organization or a written operating agreement, distribute its remaining assets to its members.
(b) To the extent a dissolved limited liability company does not discharge, make pro vision to discharge, or dispose of pursuant to Code Sections 14-11-607 and 14-11-608 a claim against it, such claim may be enforced:
(1) Against the limited liability company, to the extent of its undistributed assets; or
(2) Against each member receiving a distribution in winding up, to the extent of the assets so distributed to such member; provided that a member's total liability for all such claims shall not exceed the total amount of assets so distributed to him or her.
As respects any such claims, the limited liability company and its members shall have rights of contribution among themselves so as to produce, insofar as practicable, the

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effects that would have been produced had such claim been discharged by the limited liability company prior to any distribution to members.
14-11-606. Upon dissolution, a statement of commencement of winding up may be delivered for filing to the Secretary of State by any person authorized to wind up the limited liability company's affairs. Such statement shall set forth:
(1) The name of the limited liability company; (2) The fact that the limited liability company has dissolved and commenced its winding up activities; and (3) Any other provision, not inconsistent with law, that the persons charged with winding up the limited liability company's affairs elect to include. 14-11-607. (a) A dissolved limited liability company that has filed a statement of commencement of winding up may dispose of the known claims against it by following the procedures described in this Code section. (b) The dissolved limited liability company may notify its known claimants in writ ing of the winding up proceedings at any time after the filing of the statement of com
mencement of winding up. The written notice must: (1) Describe information that the limited liability company determines must be
included in a claim; (2) Provide a mailing address where a claim may be sent; (3) State the deadline, which may not be less than six months from the date of
mailing of the written notice, by which the dissolved limited liability company must receive the claim;
(4) State that the claim will be barred if not received by the deadline; and (5) State that the limited liability company will give notice of acceptance or rejec tion of all claims that are received in timely fashion within six months after the dead line for receipt of claims. (c) A claim against a dissolved limited liability company is barred: (1) If a claimant who was given written notice under subsection (b) of this Code section does not deliver the claim to the dissolved limited liability company by the deadline; or (2) If a claimant whose claim was rejected by the dissolved limited liability com pany does not commence a proceeding to enforce the claim within one year from the date of mailing of the rejection notice. (d) For purposes of this Code section, the term 'claim' does not include a contingent liability or a claim based on an event occurring after the filing of the statement of com mencement of winding up. 14-11-608. (a) A dissolved limited liability company that has filed a statement of commencement of winding up may publish, in the manner prescribed by Code Section 14-11-609, a request that persons with claims against the limited liability company present them in accordance with subsection (b) of this Code section. (b) The request must:
(1) Describe the information that the limited liability company determines must be included in a claim and provide a mailing address where the claim may be sent; and
(2) State that, except for claims that are contingent at the time of the filing of the statement of commencement of winding up or that arise after the filing of the state ment of commencement of winding up, a claim against the limited liability company not otherwise barred will be barred unless a proceeding to enforce the claim is com menced within two years after the publication of the request.
(c) If a dissolved limited liability company that has filed a statement of commence ment of winding up publishes a request described in subsection (b) of this Code section, all claims not otherwise barred will be barred unless the claimant commences a proceed ing to enforce the claim against the dissolved limited liability company within two years after the date of the publication of the request, except:
(1) Claims that are contingent at the time of the filing of the statement of com mencement of winding up; and
(2) Claims that arise after the filing of the statement of commencement of winding up.

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(d) If a dissolved limited liability company publishes a request described in subsec tion (b) of this Code section, a claim not otherwise barred of a claimant whose claim is contingent at the time of the filing of the statement of commencement of winding up or based on an event occurring after the filing of the statement of commencement of winding up is barred against the limited liability company, its members, and managers unless the claimant commences a proceeding to enforce the claim against the dissolved limited liability company within two years after the date of filing of a certificate of ter mination or five years after the date of the second publication of the request in accord ance with subsection (b) of this Code section, whichever is later.
14-11-609. A limited liability company seeking to publish a request for claims described in Code Section 14-11-608 shall mail or deliver to the publisher of a newspa per that is the official organ of the county where the registered office of the limited lia bility company is located, or that is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circula tion reflects a minimum of 60 percent paid circulation, a request to publish the request for claims. The request for publication of the request for claims shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks com mencing within ten days after receipt of the notice by the newspaper.
14-11-610. A dissolved limited liability company may deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth:
(1) The name of the limited liability company; (2) That all known debts, liabilities, and obligations of the limited liability com pany have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action.
ARTICLE 7
14-11-701. (a) The laws of the jurisdiction under which a foreign limited liability company 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 such com pany is organized and the laws of this state.
14-11-702. (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 (h) of Code Section 14-11-703, 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 14-11-703 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 its principal place of business;

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(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 cancelled 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 person 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. 14-11-703. (a) Each foreign limited liability company that is required to procure a
certificate of authority to transact business in this state shall continuously maintain in
this state: (1) A registered office that may, but need not, be a place of its business in this
state; and (2) A registered agent for service of process on the foreign limited liability com
pany. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection.
(b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact 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 filed pur suant to this chapter or by 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; (3) If the address of its registered office is to be changed, the new street address and county of the registered office;

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(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) A registered agent of a foreign limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the registered agent's intent to resign to the foreign limited liability company at the most recent mailing address of the foreign limited liabil ity company's principal place of business listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so pro vided, on the earlier of the filing of the limited liability company's annual registration or a statement designating a new registered agent and registered office if also discontin ued or the thirty-first day after the date on which the statement of resignation was filed.
(e) A registered agent of a foreign limited liability company may change the agent's office and the address of the registered office of any foreign limited liability company of which the agent is registered agent to another place within this state by filing a state ment, as required in subsection (c) of this Code section, setting forth the required infor mation for all foreign limited liability companies for which he or she is the registered agent, 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 foreign limited liability company at the most recent mailing address of the foreign limited liability company's principal place of business listed on the records of the Secretary of State.
(f) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by signing and delivering to the Secretary of State for filing a statement stating that the agent resigns and the name and 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 liabil ity company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such foreign limited liability companies as have 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 filed pursuant to this subsection.
(g) 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.
(h) Whenever a foreign limited liability company required to procure a certificate of authority to transact 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, then the Secretary of State shall be an agent of such for eign 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 delivering to and leaving with him or her or with any other person or per sons designated by the Secretary of State to receive such service two copies of such pro cess, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the foreign limited liability company failed either to main tain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the last reg istered agent at the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(i) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto.

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(j) 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.
14-11-704. (a) If the Secretary of State finds that an application for a certificate of authority conforms to the filing requirements of this chapter and all requisite fees and any penalty due pursuant to Code Section 14-11-711 have been paid, he or she shall:
(1) Stamp or otherwise endorse his or her official title and the date and time of receipt on the application;
(2) File the application in his or her office; 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. 14-11-705. (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.', 'LLC', 'L.C.' or 'LC'; and (2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, limited liability company, or limited partnership; any foreign cor poration, foreign limited liability company, or foreign limited partnership having a certificate of authority to transact business in this state; any nonprofit corporation, professional corporation, or professional association, domestic or foreign, on file with the Secretary of State pursuant to this title; or any name reserved or registered under this title. (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.
14-11-706. 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 14-11-702 and 14-11-704 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section.
14-11-707. (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;

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(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. 14-11-708. The Secretary of State may commence a proceeding under Code Section
14-11-709 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 14-11-703 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;
(5) 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.
14-11-709. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-11-708 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 foreign limited lia bility company at the address of its principal place of business indicated in its most recently filed annual registration, or if no annual registration has been filed, in its appli cation for a certificate of authority to transact business, or to its registered 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 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

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Secretary of State shall also mail a copy of the process to the foreign limited liability company at the most recent address of its principal place of business listed on the records of the Secretary of State or to its registered agent. This subsection does not pre scribe 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 com pany.
(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.
14-11-710. (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 14-11-709. 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. 14-11-711. (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 article; 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. 14-11-712. The Attorney General may maintain an action to restrain a foreign lim ited liability company from transacting business in this state in violation of this chapter.
ARTICLE 8
14-11-801. A member may commence a derivative action in the right of the limited liability company to recover a judgment in its favor if all of the following conditions are met:
(1) Either management of the limited liability company is vested in a manager or managers who have the sole authority to cause the limited liability company to sue in its own right or management of the limited liability company is vested in the mem bers but the plaintiff does not have the authority to cause the limited liability com pany to sue in its own right under the provisions of the articles of organization or a written operating agreement;
(2) The plaintiff has made written demand on those managers or those members with such authority requesting that such managers or such members take suitable action;
(3) Ninety days have expired from the date the demand was made unless the member has earlier been notified that the demand has been rejected by the limited liability company or unless irreparable injury to the limited liability company would result by waiting for the expiration of the 90 day period;
(4) The plaintiff (A) is a member of the limited liability company at the time of bringing the action, and (B) was a member of the limited liability company at the time of the transaction of which he or she complains, or his or her status as a member of the limited liability company has devolved upon him or her by operation of law from a person who was a member at the time of the transaction; and

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(5) The plaintiff fairly and adequately represents the interests of the limited liabil ity company in enforcing the right of the limited liability company.
14-11-802. In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure commencement of the action by the managers or the members who would otherwise have the authority to cause the limited liability company to sue in its own right.
14-11-803. If the limited liability company commences an inquiry into the allegations made in the demand or complaint, the court may stay any derivative action for such period as the court deems appropriate.
14-11-804. Except as otherwise provided by the articles of organization or written operating agreement, a derivative action may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the limited liability company's members, the court shall direct that notice be given to the members affected.
14-11-805. (a) The court may dismiss a derivative proceeding if, on motion by the limited liability company, the court finds that one of the groups specified in subsection (b) of this Code section has made a determination in good faith after conducting a rea sonable investigation upon which its conclusions are based that the maintenance of the derivative suit is not in the best interests of the limited liability company. The limited liability company shall have the burden of proving the independence and good faith of the group making the determination and the reasonableness of the investigation.
(b) The determination in subsection (a) of this Code section shall be made by: (1) A majority vote of the independent managers or members present at a meeting
of managers or members, as the case may be, if the independent managers or members constitute a quorum;
(2) A majority vote of a committee consisting of two or more independent manag ers or members appointed by a majority of independent managers or members present at a meeting of managers or members, as the case may be, whether or not such inde pendent managers or members constitute a quorum; or
(3) A panel of one or more independent persons appointed by the court upon motion of the limited liability company. (c) None of the following shall by itself cause a manager or member to be considered not independent for purposes of subsection (b) of this Code section:
(1) The nomination or election of the manager or member by managers or mem bers who are not independent;
(2) The naming of the manager or member as a defendant in the derivative pro ceeding; or
(3) The fact that the manager or member approved the action being challenged in the derivative proceeding so long as the manager or member did not receive a personal benefit as a result of the action. 14-11-806. (a) If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reason able attorneys' fees, and shall direct him or her to remit to the limited liability company the remainder of those proceeds received by him or her. (b) In any derivative action instituted on or after March 1, 1994, in the right of any domestic or foreign limited liability company by a member or members thereof, the court having jurisdiction, upon termination of such action and a finding that the action
was commenced or maintained without reasonable cause or for an improper purpose, may order the plaintiff or plaintiffs to pay to the parties named as defendants the rea
sonable expenses, including reasonable attorneys' fees, incurred by them in the defense of such action.
14-11-807. In any derivative action in the right of a foreign limited liability company,
the matters covered by this article shall be governed by the laws of the jurisdiction of organization of the foreign limited liability company except for Code Sections 14-11-803 and 14-11-804 and paragraph (b) of Code Section 14-11-806.

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ARTICLE 9
14-11-901. (a) Pursuant to a written agreement, a limited liability company may merge with or into one or more business entities (other than a corporation) with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity.
(b) In the case of a merger involving a foreign limited liability company, foreign lim ited partnership, or foreign corporation, the merger may take place if:
(1) The merger is permitted by the law of the state or jurisdiction under whose laws each foreign constituent entity is organized or formed and each foreign constitu ent entity complies with that law in effecting the merger;
(2) The foreign constituent entity complies with Code Section 14-11-904 if it is the surviving entity of the merger; and
(3) Each limited liability company complies with the applicable provisions of this Code section, Code Sections 14-11-902 through 14-11-903, and, if it is the surviving entity, with Code Section 14-11-904. 14-11-902. (a) Each constituent business entity shall adopt a written plan of merger, which shall be approved in accordance with Code Section 14-11-903. (b) The plan of merger must set forth:
(1) The name of each limited liability company and each other business entity that is a constituent entity planning to merge and the name of the surviving business entity into which each other constituent entity proposes to merge;
(2) The terms and conditions of the merger; and (3) The manner and basis of converting the interests of the members of each lim ited liability company and the shares or other interests in each other business entity that is a constituent entity in the merger into interests, shares, obligations, or other securities, as the case may be, of the surviving or any other business entity or, in whole or in part, into cash or other property. (c) The plan of merger may set forth: (1) Amendments to the articles of organization of a limited liability company that is the surviving entity in the merger; and (2) Other provisions relating to the merger. 14-11-903. (a) A limited liability company party to a proposed merger shall have the plan of merger authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited lia bility company provides otherwise. A foreign corporation or limited partnership party to a proposed merger shall have the plan of merger authorized and approved in accordance with the applicable chapter of this title. (b) A plan of merger complying with the requirements of Code Section 14-11-902 shall be approved by each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed. (c) After a merger is authorized, unless the plan of merger provides otherwise, and at any time before articles of merger (as provided for in Code Section 14-11-904) are filed by the Secretary of State, the planned merger may be abandoned (subject to any contractual rights) in accordance with the procedure set forth in the plan of merger or, if none is set forth, as follows: (1) By the unanimous consent of the members of each limited liability company that is a constituent entity, unless the articles of organization or a written operating agreement of any such limited liability company provides otherwise; (2) By each limited partnership that is a constituent entity in accordance with the applicable chapter of this title; and (3) By each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed. 14-11-904. (a) After a plan of merger is approved as provided in Code Section 14-11-903, the surviving limited liability company or other business entity shall deliver to the Secretary of State for filing articles of merger setting forth:

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(1) The name and jurisdiction of organization or formation of each constituent business entity that is merging and the name of the surviving limited liability com pany or other business entity into which each other constituent business entity is merging;
(2) Any amendments to the articles of organization of the surviving limited liabil ity company;
(3) The effective date and time of the merger if later than the date and time the articles of merger are filed;
(4) That the executed plan of merger is on file at the principal place of business of the surviving limited liability company or other business entity, stating the address thereof;
(5) That a copy of the plan of merger will be furnished by the surviving limited liability company or other business entity, on request and without cost, to any mem ber of any constituent entity;
(6) A statement that the plan of merger has been duly authorized and approved by each constituent business entity in accordance with Code Section 14-11-903;
(7) If the surviving entity is a foreign limited liability company, foreign limited partnership, or foreign corporation without a certificate of authority to transact busi ness in this state, that the Secretary of State is appointed as agent of the surviving entity on whom process in this state in any action, suit, or proceeding for the enforce ment of an obligation of each limited liability company constituent to the merger may be served and the address to which a copy of the process is to be mailed; and
(8) Any other provisions relating to the merger that the constituent business enti ties determine to include therein. 14-11-905. (a) If the surviving entity is a limited liability company, when a merger takes effect:
(1) Every other constituent business entity party to the merger merges into the limited liability company designated in the plan of merger as the surviving entity;
(2) The separate existence of each constituent business entity party to the plan of merger except the surviving limited liability company shall cease;
(3) The title to all real estate and other property owned by each constituent busi ness entity is vested in the surviving limited liability company without reversion or impairment;
(4) The surviving limited liability company has all the liabilities of each constitu ent business entity;
(5) A proceeding pending against any constituent business entity may be continued as if the merger did not occur or the surviving limited liability company may be sub stituted in the proceeding for the constituent business entity whose existence ceased;
(6) Neither the rights of creditors nor any liens on the property of any constituent business entity shall be impaired by the merger;
(7) The articles of organization of the surviving limited liability company shall be amended to the extent provided in the plan of merger; and
(8) The interests or shares in each merging constituent business entity that are to be converted into interests of the surviving limited liability company, or into cash or other property under the terms of the plan of merger, are so converted, and the former holders thereof are entitled only to the rights provided in the plan of merger or their rights otherwise provided by law. (b) If the surviving business entity is to be governed by the laws of any jurisdiction other than this state, the effects of merger shall be the same as provided in this Code section, except insofar as the laws of such other jurisdiction provide otherwise. (c) Nothing in this article shall abridge or impair any dissenters' or appraisal rights that may otherwise be available to the members or shareholders or other holders of an interest in any constituent business entity.
ARTICLE 10
14-11-1001. As used in this article, the term:

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(1) 'Beneficial member' means the person who is a beneficial owner of the mem bership interest held in a voting trust or by a nominee as the record member.
(2) 'Dissenter' means a member who is entitled to dissent from limited liability company action under Code Section 14-11-1002 and who exercises that right when and in the manner required by Code Sections 14-11-1003 through 14-11-1010.
(3) 'Fair value' with respect to a membership interest means the value of the mem bership interest immediately before the effectuation of the limited liability company action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of such action.
(4) 'Interest' means interest from the effective date of the limited liability com pany action until the date of payment, at a rate that is fair and equitable under all the circumstances.
(5) 'Limited liability company' means the limited liability company of which the dissenter is a member before the limited liability company action to which the dis senter objects or the surviving entity by merger of that limited liability company.
(6) 'Member' means the record member or the beneficial member. (7) 'Membership interest' means a member's rights in the limited liability com pany, collectively, including the member's share of the profits and losses of the limited liability company, the right to receive distributions of the limited liability company's
assets, and any right to vote or participate in management. (8) 'Record member' means the person in whose name the membership interest is
registered in the records of a limited liability company. 14-11-1002. (a) Unless otherwise provided by the articles of organization or a writ
ten operating agreement, a record member of the limited liability company is entitled to dissent from, and obtain payment of the fair value of his or her membership interest
in the event of, any of the following actions: (1) Consummation of a plan of merger to which the limited liability company is
a party if approval of less than all of the members of the limited liability company
is required for the merger by the articles of organization or a written operating agree ment and the member is entitled to vote on the merger;
(2) Consummation of a sale, lease, exchange, or other disposition of all or substan
tially all of the property of the limited liability company if approval of less than all of the members is required by the articles of organization or a written operating agree
ment and the member is entitled to vote on the sale, lease, exchange, or other disposi tion, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distrib
uted to the members within one year after the date of sale; (3) An amendment of the articles of organization that materially and adversely
affects rights in respect of a dissenter's membership interest in the limited liability
company because it: (A) Alters or abolishes a preferential right of the member's interest; (B) Creates, alters, or abolishes a right in respect of redemption, including a pro
vision respecting a sinking fund for the redemption or repurchase, of the member
ship interest; (C) Alters or abolishes a preemptive right of the holder of the membership inter
est to acquire additional interest or other securities; (D) Excludes or limits the right of the member to vote on any matter, other
than a limitation by dilution through additional member contributions or other
securities with similar voting rights; or (E) Cancels, redeems, or repurchases all or part of the membership interest of
the class; or (4) Any limited liability company action taken pursuant to a member vote to the extent that the articles of organization or a written operating agreement provides that
voting or nonvoting members are entitled to dissent and obtain payment for their membership interests. (b) A member entitled to dissent and obtain payment for his or her membership
interest under this article may not challenge the limited liability company action creat ing his or her entitlement unless the limited liability company action fails to comply

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with procedural requirements of this chapter, the articles of organization, or the written operating agreement or if the vote required to obtain approval of the limited liability company action was obtained by fraudulent and deceptive means, regardless of whether the member has exercised dissenters' rights.
14-11-1003. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is submitted to a vote at a members' meeting, the meeting notice must state that members are or may be entitled to assert dissenters' rights under this article and be accompanied by a copy of this article.
(b) If limited liability company action creating dissenters' rights under Code Section 14-11-1002 is taken without a vote of members, the limited liability company shall notify in writing all members entitled to assert dissenters' rights that the action was taken and send them the dissenters' notice described in Code Section 14-11-1005.
14-11-1004. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is submitted to a vote at a members' meeting, a record member who wishes to assert dissenters' rights:
(1) Must deliver to the limited liability company before the vote is taken written notice of his or her intent to demand payment for his or her membership interest if the proposed action is effectuated; and
(2) Must not vote his or her membership interest in favor of the proposed action. (b) A record member who does not satisfy the requirements of subsection (a) of this Code section is not entitled to payment for his or her membership interest under this article.
14-11-1005. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is authorized at a members' meeting, the limited liability company shall deliver a written dissenters' notice to all members who satisfied
the requirements of Code Section 14-11-1004. (b) The dissenters' notice must be sent no later than ten days after the limited lia
bility company action was taken and must: (1) State where the payment demand must be sent and where and when certifi
cates for certificated membership interests must be deposited; (2) Inform holders of uncertificated membership interests to what extent transfer
of the membership interests will be restricted after the payment demand is received; (3) Set a date by which the limited liability company must receive the payment
demand, which date may not be fewer than 30 nor more than 60 days after the date the notice required in subsection (a) of this Code section is delivered; and
(4) Be accompanied by a copy of this article.
14-11-1006. (a) A record member sent a dissenters' notice described in Code Section 14-11-1005 must demand payment and deposit his or her certificates for certificated
membership interests in accordance with the terms of the notice. (b) A record member who demands payment and deposits his or her certificates
under subsection (a) of this Code section retains all other rights of a member until these
rights are canceled or modified by the taking of the proposed limited liability company action.
(c) A record member who does not demand payment or deposit his or her member ship interest certificates where required, each by the date set in the dissenters' notice, is not entitled to payment for his or her membership interest under this article.
14-11-1007. (a) The limited liability company may restrict the transfer of uncertificated membership interests from the date the demand for their payment is
received until the proposed limited liability company action is taken or the restrictions are released under Code Section 14-11-1009.
(b) The person for whom dissenters' rights are asserted as to uncertificated member ship interests retains all other rights of a member until these rights are canceled or mod ified by the taking of the proposed limited liability company action.
14-11-1008. (a) Except as provided in Code Section 14-11-1010, within ten days of the later of the date the proposed limited liability company action is taken or receipt of
a payment demand, the limited liability company shall offer to pay each dissenter who complied with Code Section 14-11-1006 the amount the limited liability company estimates to be the fair value of his or her membership interest, plus accrued interest.

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(b) The offer of payment must be accompanied by: (1) The limited liability company's balance sheet as of the end of a fiscal year end
ing not more than 16 months before the date of payment, an income statement for that year, a statement of changes in members' equity for that year, and the latest available interim financial statements, if any;
(2) A statement of the limited liability company's estimate of the fair value of the membership interest;
(3) An explanation of how the interest was calculated; (4) A statement of the dissenter's right to demand payment under Code Section 14-11-1010; and
(5) A copy of this article. (c) If the member accepts the limited liability company's offer by written notice to the limited liability company within 30 days after the limited liability company's offer, payment for his or her membership interest shall be made within 60 days after the mak ing of the offer or the taking of the proposed limited liability company action, whichever is later.
14-11-1009. (a) If the limited liability company does not take the proposed action within 60 days after the date set for demanding payment and depositing membership interest certificates, the limited liability company shall return the deposited certificates and release the transfer restrictions imposed on uncertificated membership interests.
(b) If, after returning deposited certificates and releasing transfer restrictions, the limited liability company takes the proposed action, it must send a new dissenters' notice under Code Section 14-11-1005 and repeat the payment demand procedure.
14-11-1010. (a) A dissenter may notify the limited liability company in writing of his or her own estimate of the fair value of his membership interest and amount of interest due, and demand payment of his or her estimate of the fair value of his or her membership interest and interest due, if:
(1) The dissenter believes that the amount offered under Code Section 14-11-1008 is less than the fair value of his or her membership interest or that the interest due is incorrectly calculated; or
(2) The limited liability company, having failed to take the proposed action, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated membership interests within 60 days after the date set for demanding payment. (b) A dissenter waives his or her right to demand payment under this Code section unless he or she notifies the limited liability company of his or her demand in writing under subsection (a) of this Code section within 30 days after the limited liability com pany offered payment for his or her membership interest, as provided in Code Section 14-11-1008. (c) If the limited liability company does not offer payment within the time set forth in subsection (a) of Code Section 14-11-1008:
(1) The member may demand the information required under subsection (b) of Code Section 14-11-1008, and the limited liability company shall provide the informa tion to the member within ten days after receipt of a written demand for the informa tion; and
(2) The member may at any time, subject to the limitations period of Code Section 14-11-1013, notify the limited liability company of his or her own estimate of the fair value of his membership interest and the amount of interest due and demand pay
ment of his or her estimate of the fair value of his or her membership interest and
interest due. 14-11-1011. (a) If a demand for payment under Code Section 14-11-1010 remains unsettled, the limited liability company shall commence a proceeding within 60 days
after receiving the payment demand and petition the court to determine the fair value of the membership interest and accrued interest. If the limited liability company does not commence the proceeding within the 60 day period, it shall pay each dissenter whose
demand remains unsettled the amount demanded.

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(b) The limited liability company shall commence the proceeding, which shall be a nonjury equitable valuation proceeding, in the superior court of the county where a lim ited liability company's registered office is located. If the surviving entity is a foreign entity without a registered office in this state, it shall commence the proceeding in the county in this state where the registered office of the domestic entity merged with the foreign entity was located.
(c) The limited liability company shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their membership interests. The limited liability company shall serve a copy of the petition in the proceeding upon each dissent ing member who is a resident of this state in the manner provided by law for the service of a summons and complaint and upon each nonresident dissenting member either by registered or certified mail and publication or in any other manner permitted by law.
(d) The jurisdiction of the court in which the proceeding is commenced under sub section (b) of this Code section is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. Except as otherwise provided in this chapter, Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act,' applies to any proceeding with respect to dissenters' rights under this chapter.
(e) Each dissenter made a party to the proceeding is entitled to judgment for the amount which the court finds to be the fair value of his or her membership interest, plus interest to the date of judgment.
14-11-1012. (a) The court in an appraisal proceeding commenced under Code Sec tion 14-11-1011 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, but not including fees and expenses of attorneys and experts for the respective parties. The court shall assess the costs against the limited liability company, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under Code Section 14-11-1010.
(b) The court may also assess the fees and expenses of attorneys and experts for the respective parties, in amounts the court finds equitable:
(1) Against the limited liability company and in favor of any or all dissenters if the court finds the limited liability company did not substantially comply with the requirements of Code sections 14-11-1103 through 14-11-1110; or
(2) Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (c) If the court finds that the services of attorneys for any dissenter were of substan tial benefit to other dissenters similarly situated and that the fees for those services should not be assessed against the limited liability company, the court may award to these attorneys reasonable fees to be paid out of the amounts awarded the dissenters who were benefitted. 14-11-1013. No action by any dissenter to enforce dissenters' rights shall be brought more than three years after the limited liability company action was taken, regardless of whether notice of the limited liability company action and of the right of dissent was given by the limited liability company in compliance with the provisions of Code Section 14-11-1003 and Code Section 14-11-1005.

ARTICLE 11

14-11-1101. (a) The Secretary of State shall collect the following fees when the doc uments described below are delivered to the Secretary of State for filing pursuant to this chapter:

Document

Fee

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(1) Articles of organization.....................................................................................$ 75.00
(2) Articles of amendment...................................................................................... 20.00
(3) Articles of merger.............................................................................................. 250.00
(4) Certificate of election under Code Section 14-11-212 (together with articles of organization)..................................................... 95.00
(5) Application for certificate of authority to transact business...................... 200.00
(6) Statement of commencement of winding up................................................. 20.00
(7) Certificate of termination................................................................................. 20.00
(8) Articles of correction......................................................................................... 20.00
(9) Application for reservation of a name........................................................... No fee
(10) Statement of change of registered office or registered agent..................... 5.00
per limited liability company
(foreign or domestic), but not less than $20.00
(11) Registered agent's statement of resignation pursuant to sub section (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703............................................................................... No fee
(12) Certificate of judicial dissolution................................................................... No fee
(13) Annual registration (foreign or domestic)..................................................... 25.00
(14) Any other document required or permitted to be filed by this chapter................................................................................................... 20.00
(b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711.
14-11-1102. (a) If each person required by Code Section 14-11-205 to execute any document fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court of the county where the registered office of the limited liability company is located to direct the execution of the document. If the court finds that it is proper for the document to be executed and that every per son so designated has failed or refused to execute the document, it shall order the Secre tary of State to file the document in appropriate form notwithstanding the lack of required execution.
(b) The court shall assess the costs and expenses of such proceeding against the lim ited liability company, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the persons required by Code Section 14-2-205 to execute a document who failed or refused to do so if the court finds that such failure or refusal was arbitrary, vexatious, or otherwise not in good faith.
14-11-1103. (a) Each limited liability company and 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 limited liability company or the foreign limited liability com pany and the jurisdiction under whose law it is organized;
(2) The street address and county of its registered office and the name of its regis tered agent at that office in this state;

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(3) The mailing address of its principal place of business; and
(4) 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 limited liability company or foreign limited lia bility 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 limited liability com pany was formed or a foreign limited liability company was authorized to transact busi ness. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules and regulations, of the following calendar years.
(d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the limited liability company or for eign limited liability company in writing and return the registration to it for correction. If the registration is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the date of notice, it is
deemed to be timely filed. 14-11-1104. Bach limited liability company and foreign limited liability company
shall be classified as a partnership for Georgia tax purposes unless classified otherwise
for federal income tax purposes, in which case the limited liability company or foreign limited liability company shall be classified for Georgia tax purposes in the same manner
as it is classified for federal income tax purposes. A member or an assignee of a member of a limited liability company or foreign limited liability company shall be treated for Georgia tax purposes as either a resident or nonresident partner in the limited liability
company or foreign limited liability company unless classified otherwise for federal income tax purposes, in which case the member or assignee of a member shall have the same status for Georgia tax purposes as such member or assignee of a member has for federal income tax purposes.
14-11-1105. The Secretary of State shall have the power and authority reasonably
necessary to enable him or her to administer this chapter efficiently and to perform the duties imposed upon him or her pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in
his or her judgment are required for such purposes. 14-11-1106. The Secretary of State may promulgate such rules and regulations, not
inconsistent with the provisions of this chapter, as are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are adminis
tered 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.'
14-11-1107. (a) The rule that statutes in derogation of the common law are to be
strictly construed shall have no application to this chapter. (b) It is the policy of this state with respect to limited liability companies to give
maximum effect to the principle of freedom of contract and to the enforceability of operating agreements.
(c) Unless displaced by particular provisions of this chapter, the principles of law
and equity supplement this chapter. (d) If any provision of this chapter or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application. To this
end, the provisions of this chapter are severable. (e) A limited liability company may conduct its business, carry on its operations and
have and exercise the powers granted by this chapter in any state, territory, district, or
possession of the United States or in any foreign country. (f) The laws of this state relating to establishment and regulation of professional ser
vices are amended and superseded to the extent such laws are inconsistent as to form of organization with the provisions of this chapter and are deemed amended to permit the provision of professional services within this state by limited liability companies.

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(g) Nothing in this chapter is intended to restrict or limit in any manner the author ity and duty of any regulatory or other body licensing professionals within this state to license individuals rendering professional services or to regulate the practice of any pro fession that is within the jurisdiction of the regulatory or other body licensing such pro fessionals within this state, notwithstanding that the person is a member, manager, or employee of a limited liability company and rendering the professional services or engag ing in the practice of the profession through a limited liability company.
(h) The personal liability of a member of a limited liability company to any person or in any action or proceeding for the debts, obligations, or liabilities of the limited lia bility company, or for the acts or omissions of other members, managers, employees, or agents of the limited liability company, shall be governed solely and exclusively by this chapter and the laws of this state. Whenever a conflict arises between the laws of this state and the laws of any other state with regard to the liability of members of a limited liability company for the debts, obligations, and liabilities of the limited liability com pany or for the acts or omissions of other members, managers, employees, or agents of the limited liability company, this state's laws shall be deemed to govern in determining such liability.
(i) The provisions of this chapter shall determine the rights and obligations of a lim ited liability company organized under this chapter in commerce with foreign nations and among the several states to the extent permitted by law.
(j) A member of a limited liability company is not a proper party to a proceeding by or against a limited liability company, solely by reason of being a member of the lim ited liability company, except
(1) Where the object of the proceeding is to enforce a member's right against or liability to the limited liability company; or
(2) In a derivative action authorized by Article 8 of this chapter. (k) The General Assembly has power to amend or repeal all or part of this chapter at any time, and all limited liability companies and foreign limited liability companies subject to this chapter are governed by the amendment or repeal. (1) Any provision that this chapter requires or permits to be set forth in an operating agreement may be set forth in the articles of organization. In the event of any conflict between a provision of the articles of organization and a provision of an operating agree ment, the provision of the articles of organization shall govern. (m) Each provision of this chapter shall have independent legal significance. (n) Nothing in this chapter shall be construed as establishing that a limited liability company interest is not a 'security' within the meaning of paragraph (26) of subsection (a) of Code Section 10-5-2 (or any successor statute). 14-11-1108. (a) A limited liability company's registered agent is the limited liability company's agent for service of process, notice, or demand required or permitted by law to be served on the limited liability company. If a limited liability company has no regis tered agent or the agent cannot with reasonable diligence be served, the limited liability company may be served by registered or certified mail, return receipt requested, addressed to the limited liability company at its principal office. Service is perfected under the immediately preceding sentence at the earliest of:
(1) The date the limited liability company receives the mail;
(2) The date shown on the return receipt, if signed on behalf of the limited liabil ity company; or
(3) Five days after its deposit in the mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed.
This subsection does not prescribe the only means, or necessarily the required means, of serving a limited liability company.
(b) Venue in proceedings against a limited liability company or foreign limited liabil ity company shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on March 1, 1994, or thereafter. For purposes of determining venue, the residence of a limited liability company or foreign limited lia bility company shall be determined in accordance with Code Section 14-2-510 as though such limited liability company or foreign limited liability company were a corporation.

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14-11-1109. This chapter shall become effective on March 1, 1994. The provisions of law that became effective on July 1, 1992, and that were codified at Code Sections 14-11-1 through 14-11-19 are hereby repealed. A foreign limited liability company that prior to March 1, 1994, obtained a certificate of authority to transact business in this state is not required to obtain a new certificate of authority by reason of the enactment of this chapter."
Part II
Section 2. Said title is further amended by adding, following Code Section 14-2-1109, a new Code Section 14-2-1109.1 to read as follows:
"14-2-1109.1. (a) As used in this Code section, the term 'limited liability company' means any limited liability company formed under Chapter 11 of this title.
(b) A corporation may elect to become a limited liability company if the board of directors adopts and its shareholders approve a plan of election.
(c) The plan of election must set forth: (1) The name of the limited liability company to be formed pursuant to such elec
tion; (2) The manner and basis of converting the shares of such corporation into inter
ests as members of the limited liability company to be formed pursuant to such elec tion or a statement that such information is contained in the operating agreement proposed for such limited liability company;
(3) The effective date and time of such election, if later than the date and time the certificate of election is filed;
(4) The contents of the articles of organization that shall be the articles of organi zation of the limited liability company to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 11 of this title; and
(5) The contents of the operating agreement to be entered into among the persons who will be the members of the limited liability company to be formed pursuant to such election, which shall, if not separately provided in the plan of election, state the manner and basis for the conversion of the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election and that notification that approval of the election will be deemed to be execution of the operating agreement by such persons. (d) For a plan of election to become a limited liability company to be approved:
(1) The board of directors must recommend the plan of election to the sharehold ers in the same manner as provided in subsections (a) through (d) of the Code Section 14-2-1103; and
(2) All of the shareholders must approve the plan of election. (e) After a plan of election is approved by the shareholders, the corporation shall deliver to the Secretary of State for filing a certificate of election complying with subsec tion (b) of Code Section 14-11-212."
Section 3. Said title is further amended by striking Code Section 14-9-206.1, relat ing to mergers of limited partnerships, and inserting in lieu thereof a new Code Section 14-9-206.1 to read as follows:
"14-9-206.1. (a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships^ limited liability companies, or corporations. The agreement shall designate the surviving domestic or for eign limited partnershipj limited liability company, or corporation; provided, however, that in any merger of a domestic limited partnership with a domestic corporation, the domestic corporation must survive. The agreement of merger may also set forth:
(1) The terms and conditions of the merger; (2) The manner and basis of converting the interests ef the partners of in the con stituent domestic or foreign limited partnerships^ domestic or foreign limited liability companies, or foreign corporations into interests in the surviving domestic or foreign limited partnershipj limited liability company, or corporation or, in whole or in part, into cash or other property; and

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(3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic er foreign limited partnership. (b) If- the The surviving entity is ft domestic er foreign limited partnership er eerperatien; it shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state:
(1) The name and state of domicile of each of the constituent partnerships entities;
(2) That an agreement of merger has been approved by the requisite action by each of the constituent partnerships i accordance with their respective partnership agreements entities;
(3) The name and state of domicile of the surviving partnershipj limited liability company, or corporation;
(4) The effective date or time, which shall be a date or time certain, of the merger if not effective on the date of filing of the certificate of merger;
(5) If the surviving partnership entity is a foreign limited partnershipj foreign cor poration, or foreign limited liability company without a certificate of authority to do business in this state, that the Secretary of State is appointed agent of the surviving limited partnership^ foreign corporation, or foreign limited liability company on whom process in this state in any action, suit, or proceeding for the enforcement of an obli gation of a domestic limited partnership constituent to the merger may be served and
the address to which a copy of the process is to be mailed. If the surviving entity is a domestic or foreign corporation limited liability company, it shall also comply with the filing requirements of the laws of the state of its formation
governing limited liability companies. If the surviving entity is a domestic or foreign cor poration, it shall also comply with the filing requirements of the laws of the state of its
incorporation governing corporations ta though each constituent limited partnership
were a corporation. (c) On the effective date of the merger, each partnership that is not the surviving
limited partnership in the merger is terminated. (d) The certificate of merger filed pursuant to subsection (b) of this Code section
shall have the effect of the certificate of cancellation for a domestic or registered foreign limited partnership that is not the surviving domestic or foreign limited partnership in
the merger. (e) On service on the Secretary of State pursuant to appointment under paragraph
(5) of subsection (b) of this Code section, subsection (i) of Code Section 14-9-902.1 is
applicable, except that the plaintiff in the action, suit, or proceeding shall certify to the Secretary of State that he or she has forwarded by registered mail such process, service,
or demand to the address specified in the certificate of merger as required by paragraph
(5) of subsection (b) of this Code section. (f) When the certificate of merger required by subsection (b) of this Code section is
effective, then for all purposes of the law of this state: (1) The surviving domestic er foreign limited partnership entity shall thereupon
and thereafter possess all of the rights, privileges, immunities, franchises, and powers
of each of the merging domestic limited partnerships, and all property, real, personal^ and mixed, and all debts due to any of those limited partnerships, as well as all other choses in action, and each and every other interest of or belonging to or due to each
of the merged domestic limited partnerships shall be taken and deemed to be trans ferred to and vested in the surviving domestic e* foreign limited partnership entity
without further act or deed; and the title to any real estate, or any interest therein,
vested in any of the merged domestic limited partnerships shall not revert or be in
any way impaired by reason of such merger. (2) The surviving domestic e* foreign limited partnership entity shall thereupon
and thereafter be responsible and liable for all the liabilities and obligations of each of the merged domestic limited partnerships; and any claim existing or action or pro
ceeding pending by or against any of such partnerships may be prosecuted as if such merger had not taken place, or such surviving partnership entity may be substituted
in its place. Neither the rights of creditors nor any liens upon the property of any
such partnership shall be impaired by such merger.

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(3) When a limited partnership merges with a corporation pursuant to this Code section, the effect of the merger shall be the same as if the limited partnership had been a corporation under the law governing the surviving corporation.
(4) When a limited partnership merges with a limited liability company pursuant to this Code section, the effect of the merger shall be the same as if the limited part nership had been a limited liability company under the law governing the surviving limited liability company."
Section 4. Title 43 of the Official Code of Georgia Annotated, relating to profes sions and businesses, is amended by striking subsection (m) of Code Section 43-1-19, relat ing to grounds for a state examining board to refuse to grant or to revoke a license and procedures related thereto, and inserting in lieu thereof a new subsection (m) to read as follows:
"(m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associa tions, corporations, limited liability companies, or other associations of any kind whatso ever; ."
Section 5. Said title is further amended by striking Code Section 43-1-24, relating to licensed professionals subject to regulation by state examining boards, and inserting in lieu thereof a new Code Section 43-1-24 to read as follows:
"43-1-24. Any person licensed by a state examining board and who practices a 'pro fession,' as defined in Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or who renders 'professional services,' as defined in Chapter 10 of Title 14, 'The Profes sional Association Act,' whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other cor poration, limited liability company, or any other business entity, shall remain subject to regulation by that state examining board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the rela tionship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such per sons."
Section 6. Said title is further amended by striking Code Section 43-3-2, relating to definitions relative to accountancy, and inserting in lieu thereof a new Code Section 43-3-2 to read as follows:
"43-3-2. As used in this chapter, the term: (1) 'Board' means the State Board of Accountancy. (2) 'Firm' means any person, proprietorship, partnership, corporation, association,
or any other legal entity which practices public accountancy. {2} (3) 'Live permit' means a permit issued under Code Section 43-3-24 which is
in full force and effect. {3} (4) 'State' means the District of Columbia and any state other than this state
and any territory or insular possession of the United States."
Section 7. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 43-3-5, relating to promulgation of rules and regulations by the State Board of Accountancy, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Regulations governing individuals; partnerships, professional associations, and professional corporations or firms engaged in this state in the practice of public accoun tancy;"
Section 8. Said title is further amended by striking Code Section 43-3-21, which reads as follows:
"43-3-21. (a) A partnership practicing public accountancy in this state may register with the board as a partnership of certified public accountants, provided it meets the following requirements:

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(1) At least one general partner thereof is a certified public accountant of this state in good standing;
(2) Each partner thereof is a certified public accountant of some state in good standing;
(3) Each resident manager in charge of an office of the partnership in this state and each partner thereof personally engaged within this state in the practice of public accountancy as a partner thereof must be a certified public accountant of this state in good standing; and
(4) The partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this state as the board may prescribe. (b) A professional association practicing public accountancy in this state may register with the board as a professional association of certified public accountants, provided it meets the following requirements:
(1) The professional association is in compliance with all requirements and provi sions of Chapter 10 of Title 14, the 'Georgia Professional Association Act';
(2) Each resident manager in charge of an office of the professional association in this state and each member thereof personally engaged within this state in the prac tice of public accountancy as a member thereof must be a certified public accountant of this state in good standing; and
(3) The professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this state as the board may prescribe. (c) A professional corporation practicing public accountancy in this state may regis ter with the board as a professional corporation of certified public accountants, provided it meets the following requirements:
(1) The professional corporation is in compliance with all requirements and provi sions of Chapter 7 of Title 14, the 'Georgia Professional Corporation Act';
(2) Each resident manager in charge of an office of the professional corporation in this state and each member thereof personally engaged within this state in the prac tice of public accountancy as a member thereof must be a certified public accountant of this state in good standing; and
(3) The professional corporation is in compliance with such regulations pertaining to professional corporations practicing public accountancy in this state as the board may prescribe.", and inserting in lieu thereof a new Code Section 43-3-21 to read as follows: "43-3-21. (a) A firm practicing public accountancy in this state shall register with the board as a firm of public accountants, provided it meets the following requirements:
(1) Each partner, member, or shareholder of the firm shall be a certified or regis tered public accountant of some state in good standing;
(2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm;
(3) The firm shall comply with all regulations pertaining to firms registered with
the board; and (4) The resident manager of the office of the firm and each partner, member, or
shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good
standing. (b) A firm may register as a firm of certified public accountants as long as it meets the requirements of subsection (a) of this Code section and all partners, members, or shareholders of the firm are certified public accountants of some state in good standing."
Section 9. Said title is further amended by striking Code Section 43-3-22, which reads as follows:
"43-3-22. (a) A partnership practicing public accountancy in this state may register with the board as a partnership of public accountants, provided it meets the following requirements:
(1) At least one general partner thereof is a certified public accountant or a public accountant of this state in good standing;

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(2) Each partner thereof is a certified public accountant or a public accountant of some state in good standing;
(3) Each resident manager in charge of an office of the partnership in this state and each partner thereof personally engaged within this state in the practice of public accountancy as a partner thereof must be a certified public accountant or public accountant of this state in good standing; and
(4) The partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this state as the board may prescribe, (b) A professional association practicing public accountancy in this state may register with the board as a professional association of public accountants, provided it meets the following requirements:
(1) The professional association is in compliance with all requirements and provi sions of Chapter 10 of Title 14, the 'Georgia Professional Association Act,' provided that nothing in such chapter shall be construed to prohibit certified public accoun tants from joining with public accountants to form such a professional association;
(2) Each resident manager in charge of an office of the professional association in this state and each member thereof personally engaged within this state in the prac tice of public accountancy as a member thereof must be a certified public accountant or public accountant of this state in good standing; and
(3) The professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this state as the board may prescribe.", and inserting in lieu thereof the following: "43-3-22. Reserved."
Section 10. Said title is further amended by striking Code Section 43-3-23, relating to registration of offices and resident managers of certified public accountants or public accountants, and inserting in lieu thereof a new Code Section 43-3-23 to read as follows:
"43-3-23. Each office established or maintained for practice in this state by a certi fied public accountant or partnership, professional association, er professional corpora tion a firm of certified public accountants, er by a public accountant or a partnership ef professional association firm of public accountants, or by one registered under Code Section 43-3-20 shall be registered biennially under this chapter with the board, pro vided that any such office opened between biennial reporting periods shall register with the board within 60 days after it is opened. Each such office shall be under the supervi sion of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration."
Section 11. Said title is further amended by striking Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to non residents, and inserting in lieu thereof a new Code Section 43-3-24 to read as follows:
"43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have fur nished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals? partnerships, professional associations, and profcssienal corporations and firms registered under Code Section 43-3-21 or 43-3-22, provided that all offices of such certificate holder or registrant are maintained and registered as required under Code Section 43-3-28 43-3-22. There shall be a biennial permit fee in an amount to be determined by the board.
(b) For the purpose of enabling persons; partnerships, professional associations, er professional corporations or firms licensed in other states to perform specific profes sional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to practice to persons; partnerships, professional associa tions, e* professional corporations or firms who make application and demonstrate their qualifications therefor in accordance with the following provisions:

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(1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a partnership, professional association, er professional corporation firm of certified public accountants or the equivalent in another state or as a registered public accoun tant or as a partnership or professional association firm of registered public accoun tants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application;
(2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit;
(3) A temporary permit issued under this Code section shall be limited to the sin gle specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance;
(4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the pro fessional engagement for which the temporary permit was issued; and
(5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state."
Section 12. Said title is further amended by striking Code Section 43-3-29, relating to the revocation, suspension, or refusal to renew a partnership, professional association, or corporation registration or permit to practice accountancy, and inserting in lieu thereof a new Code Section 43-3-29 to read as follows:
"43-3-29. (a) After notice and hearing, as provided in Code Section 43-3-30, the board, in its discretion, may revoke the registration and permit to practice of a partner ship, professional association, or professional corporation firm if at any time it does not have all the qualifications prescribed by the Code section under which it qualified for registration.
(b) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend the registration of a partnership, professional association, er profca Siena) corporation firm or may revoke, suspend, or refuse to renew its valid permit or may censure the holder of any such permit for any of the following causes in addition to those enumerated in Code Section 43-3-28:
(1) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner, member, or shareholder required by law to have such certificate, registration, or permit as a condi tion to the partnership^; professional association's, er profcoaional corporation's firm's registration or permit;
(2) The cancellation, revocation, suspension, or refusal to renew the authority of the partnership, professional association, er professional corporation firm, or any part ner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay registration fees in such other state; or
(3) The failure of such partnership, profcooional association, er professional eerper*tie firm to register or renew its registration under Code Section 43-3-23 or the fail ure of such office to comply with any of the provisions of Code Section 43-3-23.1 or 43-3-23.2."

Section 13. Said title is further amended by striking Code Section 43-3-29.1, relat ing to sanctions related to accountancy, and inserting in lieu thereof a new Code Section 43-3-29.1 to read as follows:

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"43-3-29.1. After notice and hearing as provided in Code Section 43-3-30, the board may impose any one or more of the following sanctions in addition to the actions described in Code Sections 43-3-28 and 43-3-29 for any of the causes described in Code Sections 43-3-28 and 43-3-29:
(1) Require the licensee or licensees to complete successfully the specific courses or types of continuing education as specified by the board or pass special examina tions as specified by the board, all at the cost and expense of the licensee or licensees;
(2) Require the licensee; partnership, professional association, er professional eerporation or firm holding a live permit to submit to a preissuance review prior to the issuance of any future reports, in a manner and for a duration as set by the board by a reviewer selected by the board at the licensee's or holder's cost and expense; or
(3) Require a licensee; partnership, professional association, er profoooional coope ration or firm holding a valid permit to submit to a peer review of its accounting and auditing practices upon such terms and conditions as shall be determined by the board at the cost and expense of such licensee or holder of a valid permit."
Section 14. Said title is further amended by striking subsection (a) of Code Section 43-3-32, relating to ownership of an accountant's working papers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) All statements, records, schedules, working papers, computer printouts, com puter tapes, and memoranda made by a certified public accountant or public accountant incident to, or in the course of, professional service to clients by such certified public accountant or public accountant, except reports submitted by a certified public accoun tant or public accountant to a client, shall be and remain the property of such certified public accountant or public accountant and his or her partners, fellow shareholders k profcaaional corporation, or fellow members at a professional association of the firm, in the absence of an express agreement between such certified public accountant or pub lic accountant and the client to the contrary. No such statement, record, schedule, work ing paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his personal representative or his assignee, to anyone other than one or more surviving partners, fellow shareholders in a professional corporation, or fel low members at a professional association of the firm of such certified public accountant or public accountant."
Section 15. Said title is further amended by striking Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment as an accountant, and inserting in lieu thereof a new Code Section 43-3-35 to read as follows:
"43-3-35. (a) No individual shall assume or use the title or designation 'certified public accountant' or the abbreviation 'C.P.A.' or any other title, designation, words, let ters, abbreviation, sign, card, or device tending to indicate that such individual is a Certi fied public accountant unless such individual has received a certificate as a certified public accountant under this chapter, holds a live permit, and all of such individual's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23, provided that a foreign accountant who has reg istered under Code Section 43-3-20 and who holds a live permit may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.
(b) No partnership, professional association, professional corporation, firm or any other person or entity shall assume or use the title or designation 'certified public accountant" or the abbreviation 'C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such partnership, profcaaional association, professional corporation firm, person, or entity is composed of certified pub lic accountants unless such partnership, professional association, professional corporation firm, person, or entity is registered as a partnership, professional association, ef profcssienal corporation firm of certified public accountants under Code Section 43-3-21, holds a live permit, and all offices of such partnership, professional association, er professional

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corporation firm in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23.
(c) No individual shall assume or use the title or designation 'public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a public accountant unless such individual has been reg istered as a public accountant under this chapter, holds a live permit, and all of such person's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23 or unless such person is entitled to use the designation 'certified public accountant' under subsection (a) of this Code sec tion and holds a live permit, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with the provisions of Chap ter 10 of Title 14, the 'Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Actr ^ or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act.'
(d) No partnership, professional association, firm or any other person or entity shall assume or use the title or designation 'public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such partner ship, professional association, firm or other person or entity is composed of public accountants unless such partnership, professional association, firm or other person or entity is registered as a partnership or professional association firm of public accoun tants under Code Section 43-3-22, holds a live permit, and all offices of such partner ship, professional association, firm or other person or entity in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23 43-3-22, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, the 'Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corpo ration Act;2 ^ or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act.'
(e) No individual, partnership, professional association, professional corporation, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with 'certified public accountant' or 'public accountant,' including, with out limiting the generality of the foregoing, 'certified accountant,' 'enrolled accountant,' 'licensed accountant,' 'licensed public accountant,' or 'registered accountant'; or (2) any abbreviation likely to be confused with 'C.P.A.' or 'P.A.,' including, without limiting the generality of the foregoing, 'C.A.,' 'E.A.,' 'R.A.,' 'L.A.,' or 'L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation 'P.A.' in accordance with Chapter 10 of Title 14, the 'Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act1 ^ or any abbreviation authorized by Chapter 11 of Title 14, the 'Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license,
or degree. (f) No individual shall sign or affix his or her name or any trade assumed name used
by him or her in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such opinion or certificate, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a live permit and all of his or her offices in this state for the practice of public accoun tancy are maintained and registered under Code Section 43-3-23, provided that this sub section shall not prohibit any officer, employee, partner, member, or principal of any
organization from affixing his or her signature to any statement or report in reference

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to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such.
(g) No person shall sign or affix, or cause to be signed or affixed, a partnership, asso ciation, er corporate firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regula tions, grants, loans, and appropriations, together with any wording accompanying or con tained in such opinion or certificate, which indicates that such partnership, association, er corporation firm is composed of or employs persons having expert knowledge in accounting or auditing unless the partnership, association, e* corporation firm holds a live permit and all of its offices in this state for the practice of public accountancy ore maintained and registered as required under Code Section 43-3-23.
(h) A licensee shall not use or participate in the use of any form of public communi cation having reference to his or her professional services which contains a false, fraudu lent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which:
(1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full disclosure of rele vant facts; (3) Contains any testimonial, laudatory, or other statement or implication that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a special ist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or
(8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived, (i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to perform professional services."
Section 16. Said title is further amended by striking subsection (a) of Code Section 43-3-36, relating to exceptions to operation of Chapter 3 of Title 43, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Nothing contained in this chapter shall prohibit any person who is not a certi fied public accountant or public accountant from serving as an employee of or on assist ant to a certified public accountant or public accountant or partnership, professional association, e* professional corporation firm of certified public accountants or public accountants holding a live permit or a foreign accountant registered under Code Section 43-3-20 and holding a live permit, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his name."
Section 17. Said title is further amended by striking subsection (c) of Code Section 43-4-10, relating to compliance with the requirements of Article 1 of Chapter 4 of Title 43 relative to architects in general and practice of architecture by firms, partnerships, and corporations, and inserting in lieu thereof a new subsection (c) to read as follows:

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"(c) No firm, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, partnerships, limited liability com panies, and corporations may practice architecture, as defined by this article, and per form the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the personal direction of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership or who is a member, in the case of a lim ited liability company; and provided, further, that the administration of construction contracts shall be under the personal direction of the registered architects and that such plans, drawings, and specifications shall be prepared under the personal direction of such registered architects and bear their individual signatures and seals. Every firm, partnership, limited liability company, and corporation performing architectural services as described in this article shall submit, as required by the rules of the board, a certifi cation in a form provided by the board in which information shall be fully set forth con cerning the firm, partnership, limited liability company, or corporation engaged in the practice of architecture."
Section 18. Said title is further amended by striking subsection (a) of Code Section 43-4-13, relating to suspension or revocation of a certificate of an architect and reprimands, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board shall have the power to suspend or revoke the certificate of registra tion or reprimand any registrant who is found guilty of the following:
(1) The commission of any fraud, deceit, or misrepresentation in obtaining a certif icate of registration;
(2) Any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
(3) Permitting the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, partnership, limited liability company, or corporation;
(4) The conviction by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere to any such charge; or
(5) Any violation of this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article."
Section 19. Said title is further amended by striking Code Section 43-4-16, relating to petitions for injunctions relative to the practice of architecture, and inserting in lieu thereof a new Code Section 43-4-16 to read as follows:
"43-4-16. As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, partnership, limited liabil ity company, or corporation, restraining him^ her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law."
Section 20. Said title is further amended by striking subsection (a) of Code Section 43-4A-5, relating to application for registration as an athlete agent, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, state the following:
(1) The name of the applicant and address of the applicant's residence;

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(2) The address where the business of the athlete agent is to be conducted; (3) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application; (4) Such biographical information on the applicant as may be deemed necessary by the commission; and (5) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested, either as partners, members of a limited liabil ity company, associates, or profit sharers, in the operation of the business of the ath lete agent."
Section 21. Said title is further amended by striking paragraph (5) of Code Section 43-6-1, relating to definitions relative to auctioneers, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Company' means an association, partnership, limited liability company, corpo ration, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities."
Section 22. Said title is further amended by striking Code Section 43-6-10, relating to applications by persons for licenses as auctioneers and apprentice auctioneers, and inserting in lieu thereof a new Code Section 43-6-10 to read as follows:
"43-6-10. Any person desiring to act as an auctioneer or apprentice auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability com pany, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers;
(2) The place or places, including the municipality, with the street and street num ber, if any, where the business is to be conducted; and
(3) Such other information as the commission shall require."
Section 23. Said title is further amended by striking subsection (a) of Code Section 43-6-16, relating to grounds for refusal to issue a license as an auctioneer or apprentice auctioneer, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Licenses shall be granted only to persons who bear a good reputation for hon esty, trustworthiness, integrity, and competence to transact the business of auctioneer or apprentice auctioneer in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission shall grant a license to a corporation limited liability company, or partner ship only if the stockholder member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity."
Section 24. Said title is further amended by striking paragraph (6) 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 (6) to read as follows:
"(6) Should the commission pay from the auctioneers education, research, and recov ery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. If such license is that of a corporation limited liability company, or partnership, the license of the supervising auctioneer of the corporation^ limited liability company, or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the auc tioneers education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection."

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Section 25. Said title is further amended by striking subsection (m) of Code Sec tion 43-10A-17, relating to enforcement of Chapter 10A of Title 17 relating to professional counselors, social workers, and marriage and family therapists, and inserting in lieu thereof a new subsection (m) to read as follows:
"(m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associa tions, limited liability companies, corporations, or other associations of any kind whatso ever."
Section 26. Said title is further amended by striking subsection (m) of Code Sec tion 43-11-47, relating to refusal to grant, or revocation of, licenses to practice dentistry, and inserting in lieu thereof a new subsection (m) to read as follows:
"(m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associa tions, limited liability companies, corporations, or other associations of any kind whatso ever."
Section 27. Said title is further amended by striking Code Section 43-13-2, relating to definitions relating to instructors in driver training and operators of driver training schools, and inserting in lieu thereof a new Code Section 43-13-2 to read as follows:
"43-13-2. As used in this chapter, the term: (1) 'Department' means the Department of Public Safety acting directly or
through its duly authorized officers and agents. (2) 'Driver training schools' means any person, partnership, limited liability com
pany, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of motor vehicles in this state.
(3) 'Driver's license examiners' means examiners appointed by the Department of Public Safety for the purpose of giving driver's license examinations.
(4) 'Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks.
(5) 'Person' means every natural person, firm, partnership, limited liability com pany, association, corporation, or school."
Section 28. Said title is further amended by striking paragraphs (10.2) and (14) of Code Section 43-14-2, relating to definitions relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, and inserting new paragraphs (10.2) and (14) to read as follows:
"(10.2) 'Low-voltage contractor' means an individual who is engaged in low-voltage contracting under express or implied contract or who bids for, offers to perform, pur ports to have the capacity to perform, or does perform low-voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership^ limited liability company, or corporation rests as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed."
"(14) 'Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An employee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership^ limited lia bility company, or corporation rests pursuant to subsection (b) of Code Section 43-14-8.2 shall be licensed."
Section 29. Said title is further amended by striking subsections (d) through (j) of Code Section 43-14-8, relating to licensing for electrical, plumbing, or conditioned air con tracting, and inserting in lieu thereof new subsections (d) through (j) to read as follows:

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"(d) Notwithstanding any other provision of this chapter, prior to and including Sep tember 30, 1983, the following persons, desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appro priate division of the State Construction Industry Licensing Board, provided that such individual submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter:
(1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter;
(2) Any individual holding a license issued by the State Board of Electrical Con tractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors;
(3) Any individual holding a license to engage in such vocation issued to him or her by any governing authority of any political subdivision; and
(4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he or she has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its sub mission to the division.
(e) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or cor porations desiring to engage in such vocation after September 30, 1983, shall take the
examination and qualify under this chapter before engaging in such vocation or business, including such vocation at the local level.
(f) No partnership; limited liability company, or corporation shall have the right to
engage in the business of electrical contracting unless there is regularly connected with such partnershipj limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses
issued to them as provided for in this chapter. (g) No partnership! limited liability company, or corporation shall have the right to
engage in the business of plumbing unless there is regularly connected with such partnershipj limited liability company, or corporation a person or persons actually engaged
in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter.
(h) No partnershipj limited liability company, or corporation shall have the right to
engage in the business of conditioned air contracting unless there is regularly connected with such partnership^ limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid
licenses issued to them as provided for in this chapter. (i) It shall be the duty of all partnerships! limited liability companies, and corpora
tions qualified under this chapter to notify the appropriate division immediately of the severance of connection with such partnershipj limited liability company, or corporation of any person or persons upon whom such qualification rested.
(j) All applicants for examinations and licenses provided for by this chapter and all applicants for renewal of licenses under this chapter shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the
applicant is an individual, partnership, limited liability company, or corporation and, if a partnership^ limited liability company, or corporation, the names and addresses of the
partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require. All forms of applications for renewal of licenses shall also show whether or not the appli
cant, if it is a partnershipj limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division."
Section 30. Said title is further amended by striking subsections (d) through (g) of Code Section 43-14-8.1, relating to license requirements for low-voltage electrical contract ing, and inserting in lieu thereof new subsections (d) through (g) to read as follows:

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"(d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or cor porations desiring to engage in the vocation of low-voltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation.
(e) No partnership, limited liability company, or corporation shall have the right to engage in the business of low-voltage contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the low-voltage systems installation, repair, alteration, and service work of all employees of such partnership; limited liability company, or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership; limited liability company, or corporation has more than one office location from which low-voltage con tracting is performed, at least one person stationed in each branch office of such part nership; limited liability company, or corporation, engaged in the performance of low-voltage contracting on a full-time basis and supervising the low-voltage wiring sys tems installation, repair, alteration, and service work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(f) It shall be the duty of all partnerships, limited liability companies, and corpora tions qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom the qualification of any such partner ship, limited liability company, or corporation rested.
(g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corpora tion and, if a partnership; limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its dis cretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corpora tion, still has connected with it a duly qualified person holding a license issued by the division."
Section 31. Said title is further amended by striking subsections (d) through (g) of Code Section 43-14-8.2, relating to utility contracting licenses, and inserting in lieu thereof new subsections (d) through (g) to read as follows:
"(d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, part nerships, limited liability companies, or corporations desiring to engage in the vocation of utility contracting after July 1, 1990, shall take or have taken the examination and qualified under this Code section before engaging in such vocation.
(e) No partnership, limited liability company, or corporation shall have the right to engage in the business of utility contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the utility contracting work of all employees of such partnership, limited liability company. or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership, limited liability company, or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership, limited liability company, or corporation, engaged in the performance of utility contracting on a full-time basis and supervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(f) It shall be the duty of all partnerships, limited liability companies, and corpora tions qualified under this Code section to notify the division, in accordance with board

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rules, of severance of connection with such partnership^ limited liability company, or corporation of any person or persons upon whom the qualification of any such partner ship; limited liability company, or corporation rested.
(g) (1) All applicants for examinations and licenses provided for by this Code sec tion and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability com pany, or corporation and, if a partnership; limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership; limited lia bility company, or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(2) An applicant shall include his or her safety policy or the safety policy of his or her corporation, limited liability company, or partnership. An approved safety pol icy is required before an applicant will be issued a license. The safety policy shall pro vide the details of regularly scheduled safety meetings for all field personnel."
Section 32. Said title is further amended by striking subsections (a), (c), and (d) of Code Section 43-15-23, relating to the practice of professional engineering by or through a firm, corporation, or other entity, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows:
"(a) The practice of or offer to practice professional engineering, as defined in this chapter, by individual professional engineers registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offer ing engineering services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public through individual registered professional engineers as agents, employees, officers, mem bers, or partners is permitted subject to the provisions of this chapter; provided, how ever, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, partnership, association, or entity who act in its behalf as professional engineers in this state shall be registered as provided in this chap ter; and further provided that said firm, corporation, professional corporation, partner ship, association, or entity has been issued a certificate of authorization by the board as provided in this chapter."
"(c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board mem bers of the corporation, including the principal officer or officers duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering within this state who shall be in respon sible charge of the practice of professional engineering in this state by said corpora tion.
(2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said partnership.
(3) Any firm, limited liability company, association, or entity which is not a corpo ration, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said firm, association, or other entity.
(4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall

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be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partner ship, association, or entity within 30 days after the effective date of the change, (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization.
(2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, members, agents, or employees of the entity to be licensed are not persons of good character."
Section 33. Said title is further amended by striking subsections (a), (c), and (d) of Code Section 43-15-23.1, relating to land surveying firms, corporations, or other entities, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows:
"(a) The practice of or offer to practice land surveying, as defined in this chapter, by individual land surveyors registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public through indi vidual registered land surveyors as agents, employees, officers, members, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, cor poration, professional corporation, partnership, association, or entity who act in its behalf as land surveyors in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, asso ciation, or entity has been issued a certificate of authorization by the board as provided in this chapter."
"(c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board mem bers of the corporation, including the principal officer or officers duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying within this state who shall be in responsible charge of the practice of land surveying in this state by said corporation.
(2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said partnership.
(3) Any firm, limited liability company, association, or entity which is not a corpo ration, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said firm, association, or other entity.
(4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partner ship, association, or entity within 30 days after the effective date of the change, (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization.
(2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, members, agents, or employees of the entity to be licensed are not persons of good character.

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(3) Every firm, partnership, corporation, or other entity which performs or offers to perform surveying services shall have a resident registered land surveyor in respon sible 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 34. Said title is further amended by striking paragraph (11) of Code Sec tion 43-17-2, relating to definitions of terms used in the "Georgia Charitable Solicitations Act of 1988," and inserting in lieu thereof a new paragraph (11) to read as follows:
"(11) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organiza tion."
Section 35. Said title is further amended by striking subsection (c) of Code Section 43-17-3, relating to registration of paid solicitors, and inserting in lieu thereof a new sub section (c) to read as follows:
"(c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accom panied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this subsection and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it quali fied to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a lim ited liability company, the names and business addresses of all members of the lim ited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solici tor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fundraising fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fundfoiaing fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceed ing, conviction, or charge; and (H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an

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order, consent order, or any other disciplinary or administrative proceeding pursu ant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings. (3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted account ing principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he shall immediately notify the applicant of such registration. (5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant. (6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for reg istration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper reg istration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an indepen dent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation."
Section 36. Said title is further amended by striking paragraph (6) of subsection (b) of Code Section 43-17-5, relating to registration of charitable organizations, and insert ing in lieu thereof a new paragraph (6) to read as follows:
"(6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers or members in the case of a limited liability company as he or she may deem necessary to establish whether or not the applicant should be regis tered as a charitable organization under this chapter."
Section 37. Said title is further amended by striking subsection (a) of Code Section 43-17-7, relating to denial, suspension, or revocation of registration relating to charitable solicitations, and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of^ or a member of a limited liability company which ij an applicant or regis tered person from employment with a paid solicitor or charitable organization if the Sec retary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effective ness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enact ment;
(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of compe tent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state;
(4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:
(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organization; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraud ulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the char itable organization or paid solicitor knows or should know that such action is in viola tion of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected."
Section 38. Said title is further amended by striking subsections (b) and (e) of Code Section 43-17-13, relating to penalties relative to charitable solicitations, and insert ing in lieu thereof new subsections (b) and (e) to read as follows:
"(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant and his the defendant's agents, employees, partners, officers, or directors or the members of a defendant limited lia bility company; and
(2) The production of such documents, books, and records as may appear neces sary for the hearing upon the petition for an injunction."

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"(e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his the defendant's agents, employees, partners, officers, or directors or the members of a defendant limited lia bility company; and
(2) The production of such documents, books, and records as may appear neces sary for the prosecution of such criminal proceedings."
Section 39. Said title is further amended by striking paragraph (5) of Code Section 43-18-92, relating to definitions relating to contracts for preneed funeral services, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Persons' means natural persons, partnerships, firms, limited liability companies, associations, and corporations, including agents and employees thereof, residing in or doing business in the state, authorized and licensed by the laws of this state to engage in the profession of funeral directing and to operate a funeral home, chapel, mortuary, or funeral establishment."
Section 40. Said title is further amended by striking subsection (a) of Code Section 43-19-25, relating to partnership and corporate practice of geology, nonpublic geological services, and practice pending action on an application for registration, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter does not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corpora tion. In a partnershipj limited liability company, or corporation whose primary activity consists of geological services, at least one partnerz member, or officer shall be a regis tered geologist."
Section 41. Said title is further amended by striking Code Section 43-23-12, relat ing to censure of licensees and revocation or suspension of licenses of landscape architects, and inserting in lieu thereof a new Code Section 43-23-12 to read as follows:
"43-23-12. The board may, upon its own motion, and shall, upon the complaint in writing of any person, initiate investigations into the actions of any licensed landscape architect and shall have the power to censure the licensee or to revoke or suspend any license issued under this chapter whenever the board concludes that the licensee has vio lated any provision of this chapter or whenever the board has determined that the licensee:
(1) Has obtained a license by false or fraudulent representations; (2) Has impersonated another landscape architect or former landscape architect with the same or similar name, or is practicing under an assumed or misleading name, to include practicing under a partnership! limited liability company, or corporate name in which any person who is not a landscape architect is named; (3) Has aided or abetted an unlicensed person in the practice of landscape archi tecture; (4) Has been convicted of a felony or other crime involving moral turpitude; (5) Has, in the practice of landscape architecture, been guilty of fraud, deceit, neg ligence, or incompetence; (6) Has affixed his or her signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction or has permitted his or her name to be used for the purpose of assisting any person who is not a landscape architect to evade the provisions of this chapter; or (7) Has violated the provisions of subsection (a) of Code Section 43-1-19."
Section 42. Said title is further amended by striking Code Section 43-23-14, relat ing to practice of landscape architecture by corporations and partnerships, and inserting in lieu thereof a new Code Section 43-23-14 to read as follows:
"43-23-14. Any partnershipj limited liability company, or corporation may engage in the practice of landscape architecture, as defined in this chapter, provided that any ser vice which constitutes the practice of landscape architecture shall be supervised by a

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duly licensed landscape architect who shall be responsible for the services furnished by the partnershipz limited liability company, or corporation which would otherwise fall within the purview of this chapter. In no event shall the other members of the partner ship, limited liability company, firm, or corporation be designated or described as land scape architects if they are not so licensed; and the term landscape architect or any abbreviation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership2 limited liability company, or corporate name in which any person is identified who is in fact not a licensed landscape architect. Upon approval of the board, any partnership, limited liability company, firm, or corpo ration may operate branch offices in this state to provide landscape architectural ser vices, provided that each branch office has a resident landscape architect licensed under this chapter. All classified directory listings of corporationsz limited liability companies, or partnerships offering landscape architectural services shall include the name of a duly
licensed landscape architect."
Section 43. Said title is further amended by striking subsections (a) and (b) of Code Section 43-38-6, relating to licenses to engage in the private detective or private security business, and inserting in lieu thereof new subsections (a) and (b) to read as fol lows:
"(a) Any individual, firm, association, company, partnership, limited liability com pany, or corporation desiring to engage in the private detective or private security busi ness in this state shall make a verified application in writing to the joint-secretary for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, er partnershipj or limited liability company; and such individual shall meet the qualifications set out in this Code section.
(b) Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this chapter or, if the applicant is a firm, association, com pany, partnership, limited liability company, or corporation, upon being satisfied of the good character, competency, and integrity of the corporate officer of such corporation or officer of such firm, association, er partnership, or limited liability company, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, limited liability company, or corpo ration if:
(1) The applicant is at least 18 years of age; (2) The applicant is a citizen of the United States or a registered resident alien; (3) The applicant is of good moral character; (4) The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant; (5) The applicant has not committed an act constituting dishonesty or fraud; (6) The applicant has satisfied the board that his or her private detective or pri vate security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve; (7) The applicant for a private detective company license has had at least two years' experience as a private detective with a licensed detective agency, or has had at least two years' experience in law enforcement; and the applicant for a security company license has had at least two years' experience as a supervisor or administra tor in in-house security operations or with a licensed security agency, or has had at least two years' experience in law enforcement;

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(8) The applicants for private detective company licenses and security company licenses may be required to pass successfully a written examination as the board may prescribe; and
(9) The applicant meets such other qualifications as the board may prescribe by rule."
Section 44. Said title is further amended by striking subsection (a) of Code Section 43-38-7.1, relating to registration records of unarmed security employees and fingerprint identification of prospective registrants, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any individual, firm, association, company, partnership, limited liability com pany, or corporation engaged in the private security business and licensed pursuant to Code Section 43-38-6 shall be required to maintain registration records of all guards, watchmen, or patrolmen who are unarmed pursuant to rules and regulations of the board. A licensee shall not be required to register such unarmed employees with the board. Unarmed employees shall be required to complete a certain number of hours of training as prescribed by the board, and a record of such training shall be maintained with the registration records of such employees."
Section 45. Said title is further amended by striking Code Section 43-38-14.1, relat ing to restrictions on local business licenses for private detective and private security busi nesses, and inserting in lieu thereof a new Code Section 43-38-14.1 to read as follows:
"43-38-14.1. (a) No municipality, county, or other political subdivision of this state shall grant a business license to any person required to be licensed under this chapter until such person has made bona fide application to the board to be licensed under this chapter and the board has taken action under the application other than refusal, cancel lation, revocation, or failure to renew the applicant's license.
(b) As used in this Code section, the term 'person' shall mean any individual, firm, association, partnership, limited liability company, or corporation."
Section 46. Said title is further amended by striking Code Section 43-38-15, relat ing to applicability of Chapter 38 of Title 43, and inserting in lieu thereof a new Code Section 43-38-15 to read as follows:
"43-38-15. No individual, firm, association, company, partnership, limited liability company, or corporation shall engage in any activity covered by this chapter unless such individual, firm, association, company, partnership, limited liability company, or corpo ration is in compliance with this chapter."
Section 47. Said title is further amended by striking subsections (c) and (d) of Code Section 43-39A-19, relating to the use of a title or terms denoting a real estate appraiser classification, and inserting in lieu thereof new subsections (c) and (d) to read as follows:
"(c) A term or title denoting an appraiser classification may only be used to refer to individuals who hold such appraiser classification and may not be used following or immediately in connection with the name or signature of a firm, partnership, limited lia bility company, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, limited liability company, corporation, group, or anyone other than an individual holder of the appraiser classification.
(d) No appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, limited liability company, firm, or group."
Section 48. Said title is further amended by striking subsection (b) of Code Section 43-39A-24, relating to unlawful operation as a real estate appraiser without an appraiser classification and exceptions thereto, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or

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(B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or valuation on such timber as permitted by Code Section 12-6-40, except that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain the proper appraiser classification under this chapter, if required by fed eral law and the Appraisal Subcommittee; (4) Any individual, partnership, limited liability company, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as offi cer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; (5) Any person who testifies to the value of real estate or real property in the courts of this state; (6) Any officer or employee of a government agency in the conduct of official duties, except when the appraisal is being used by a government agency exercising its power of eminent domain; or (7) Unless otherwise required by federal law or regulation, a person appraising real estate or real property exclusively for the use of a bank, a savings and loan associa tion, or a credit union."
Section 49. Said title is further amended by striking paragraph (6) of Code Section 43-40-1, relating to definitions relating to real estate brokers and salespersons, and insert ing in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Person' means individuals, corporations, limited liability companies, and part nerships."
Section 50. Said title is further amended by striking Code Section 43-40-7, relating to applications for real estate licenses, and inserting in lieu thereof a new Code Section 43-40-7 to read as follows:
"43-40-7. Any person desiring to act as a real estate licensee must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the commission shall require."
Section 51. Said title is further amended by striking subsection (c) of Code Section 43-40-9, relating to nonresident real estate licenses, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In order to be licensed in this state, nonresidents who are licensed in another state must:
(1) Show satisfactory proof of current licensure in the applicant's state of resi dence;

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(2) Pay any required fees; (3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state; (4) Affiliate with a resident or nonresident broker if the applicant is an individual salesperson or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall auto matically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership2 limited liability company, or corporation until said part nership; limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state; (5) Cause the licensing body of the applicant's state of residence to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a non resident; (6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evi dence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains out standing in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee; and (7) Agree in writing to cooperate with any investigation initiated by the commis sion by promptly supplying any documents any authorized investigator of the commis sion may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction per mitted by this law."
Section 52. Said title is further amended by striking Code Section 43-40-10, relat ing to granting a real estate broker's license, associate broker's license, or salesperson's license to a corporation or partnership, and inserting in lieu thereof a new Code Section 43-40-10 to read as follows:
"43-40-10. (a) No broker's license shall be granted to a corporation^ limited liability company, or partnership unless said corporation limited liability company, or partner ship designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation limited liability company, or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation! limited liability company, or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No bro ker's license shall be granted to a corporation limited liability company, or partnership unless every person who acts as a licensee for such corporation limited liability com pany, or partnership shall hold a real estate license.

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(b) No associate broker's license shall be granted to a corporation; limited liability company, or partnership unless said corporation limited liability company, or partner ship designates an individual licensed as an associate broker as its qualifying associate broker who shall be responsible for assuring that the corporation, limited liability com pany, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, lim ited liability company, or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this chapter. The qualifying associate broker shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker. The license of a corporation, limited liability company, or partnership licensed as an associate broker must be assigned to a licensed broker. The licensed associate broker corporation limited liability company, or partnership or qualifying associate broker may not engage in the brokerage business except in behalf of the broker to whom its license is assigned.
(c) No salesperson's license shall be granted to a corporation limited liability com pany, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as a salesperson as its qualifying salesperson who shall be responsible for assuring that the corporation, limited liability company, or partner ship complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as a salesperson shall subject the license of the qualify ing salesperson to sanction as authorized by this chapter. The qualifying salesperson shall be the only licensee of a corporation, limited liability company, or partnership licensed as a salesperson. The license of a corporation, limited liability company, or part nership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation, limited liability company, or partnership, or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom its license is assigned."
Section 53. Said title is further amended by striking subsection (c) of Code Section 43-40-12, relating to real estate license fees, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance."
Section 54. Said title is further amended by striking subsection (a) of Code Section 43-40-15, relating to grant, revocation, or suspension of real estate licenses, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Licenses shall be granted only to persons who bear a good reputation for hon esty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integ rity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate."
Section 55. Said title is further amended by striking subsection (e) of Code Section 43-40-18, relating to management of a real estate firm and licensed affiliates, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. The qualifying broker for a firm which operates as a limited liability com pany must be a member. The qualifying broker for a firm which operates as a corpora tion must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."

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Section 56. Said title is further amended by striking subsection (b) of Code Section 43-40-19, relating to change of place of business and transfers of a real estate salesperson or associate broker, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:
(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or
(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker of a sole proprietorship or the qualifying broker of a corporation limited liability company, or partnership."
Section 57. Said title is further amended by striking paragraph (6) of subsection (d) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Should the commission pay from the real estate education, research, and recov ery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation limited liability company, or partnership, the license of the qualifying broker of the corporation, limited liability com pany, or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until he such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penal ties and disabilities provided in this subsection."
Section 58. Said title is further amended by striking subsection (c) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, and insert ing in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever a licensee acts in a real estate transaction as a principal or as an offi cer, e* employee, or member of a corporation, limited liability company, or partnership or any other entity acting as a principal, the commission may impose any sanction per mitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regula tions adopted pursuant to this chapter in such a transaction."
Section 59. Said title is further amended by striking paragraph (4) of Code Section 43-47-2, relating to definitions relating to used car dealers, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Person' means any individual, partnership, limited liability company, firm, asso ciation, corporation, or combination of individuals of whatever form or character."
Section 60. Said title is further amended by striking paragraphs (2), (3), and (10) of Code Section 43-48-2, relating to definitions relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, and inserting in lieu thereof new para graphs (2), (3), and (10) to read as follows:
"(2) 'Dealer' means any person, partnership, limited liability company, firm, or cor poration 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.

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(3) 'Dismantle!-' means any person, partnership, limited liability company, 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, limited liability company, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he, she, or it pos sesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehi cles being held by a repair business awaiting repairs, or vehicles being held for other rea sons as may be prescribed by the board."
"(10) 'Rebuilder' means any person, partnership, limited liability company, 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."
Section 61. Said title is further amended by striking subsection (b) of Code Section 43-48-8, relating to license applications, bonds, other prerequisites, and supplemental licenses for used motor vehicle parts dealers, dismantlers, and rebuilders and salvage deal ers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Bach such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant, or, when the applicant is a partner ship or limited liability company, the name and address of each partner or member, or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incorporated. Each such application shall also contain a designation of an established place or places of business where the business is to be conducted, a description of the nature of such business, and such other informa tion as may be required by the board. Each such application shall be verified by the oath or affirmation of the applicant if an individual or, in the event an applicant is a partnership, limited liability company, or corporation, then by a partner2 member, or officer thereof. Each such application for a license shall show that the dealer maintains ordinary automobile public liability and property damage insurance coverage with liabil ity 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, unless the applicant qualifies under subsection (e) of this Code section."
Section 62. Said title is further amended by striking Code Section 43-48-9, relating to investigation of applicants, contents of licenses, licensing authority of the board, and temporary permits for used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, and inserting in lieu thereof a new Code Section 43-48-9 to read as follows:
"43-48-9. (a) Upon receipt of each properly made application accompanied by the required information and bond of insurance, the board shall file such application and make a thorough investigation of the application. When satisfied that the applicant, if an individual, or each of the partners, members, or principal officers of the applicant, if a partnership, limited liability company, or corporation, is of good moral character and that, so far as can be ascertained, the applicant has complied and will comply with this chapter, the laws of this state, and the rules and regulations promulgated by the board, the board shall issue to the applicant a license to carry on and conduct a business cov ered by this chapter.
(b) The license so granted shall specify the name and address of the applicant and, if the applicant is a partnership, limited liability company, or corporation, the name and address of each partner, member, or principal officer of the corporation. The license shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his or her business. The license or sup plemental license shall be conspicuously displayed on each of such premises; and, in the event any such location is changed, the board shall issue a new license with the changed address or endorse the changed address on the original license at no charge to the licensee. There shall, however, be but one license fee for any one place of business even

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though such business may be embraced in more than one of the definitions set out in Code Section 43-48-2.
(c) The board shall have the power and duty to issue the license or to direct the joint-secretary to issue the license.
(d) For reasonable cause, the board may refuse to issue or renew a license. The board may refuse to issue a license to an applicant when it determines that the appli cant, or any partnerz member, or principal officer of the applicant, if a partnershipz lim ited liability company, or corporation:
(1) Has violated any law enacted for the prevention of theft of motor vehicles or motor vehicle parts or accessories;
(2) Has submitted an application containing incorrect information or made any material misrepresentation to the board in connection with an application for a license;
(3) Has failed, for more than 30 days after the occurrence of a change which ren ders no longer accurate any information contained in any application for a license, to make an amendatory application under Code Section 43-48-8;
(4) Has been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for sale, or otherwise dealing in used automobile parts or disman tled, wrecked, burned, or rebuilt motor vehicles;
(5) (A) Has been convicted in the courts of this state or of the United States or in any other state, territory, or country of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral tur pitude. As used in this paragraph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designa tion elsewhere. For the purposes of this paragraph, a 'conviction' shall be deemed to include a finding or verdict of guilty, regardless of whether an appeal of the con viction has been sought; ^
(B) Has been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpituder j (6) Has failed to file or produce for the board any reports, records, or documents required to be filed or produced under this chapter or any rule or regulation made by the board pursuant to this chapter; or (7) Based on the information contained on the application or obtained by subse quent investigation, is not of good moral character. No license shall be refused until the applicant or licensee has been afforded a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) Pending the satisfaction of the board that the applicant has met the require ments of this chapter, it may issue a temporary permit to the applicant. The temporary permit shall allow the applicant to operate for a period not to exceed 120 days while the board is completing its investigation and determination of all facts relative to the qualifications of the applicant. Such temporary permit shall be invalid when the appli cant's license has been issued or refused."
Section 63. Said title is further amended by striking paragraph (4) of Code Section 43-50-3, relating to definitions relative to veterinary medicine, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Person' means any individual, firm, partnership, limited liability company, asso ciation, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other repre sentative of such person."
Part III
Section 64. This Act shall become effective March 1, 1994.
Section 65. All laws and parts of laws in conflict with this Act are repealed..

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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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefleld
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis.G Y Davis.M Y Dickinson
YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Banner
Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom
Y Hembree Y Henson
Holland

Y Holmes Howard
Y Hudson Y Hughes
Y Hugley Y James Y Jamieson
Y Jenkins Y Johnson.D.H Y Johnson,E
Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddoi
E Mann Y Martin
McBee Y McClinton
McKinney.B Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Par ham
Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson
Streat Y Taylor Y Teague NTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnqucst
Y Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Wffliams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

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

Representatives McBee of the 88th and Holland of the 157th 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 Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 130 Do Pass, as Amended
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 197 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

HB 322 Do Pass, by Substitute HB 842 Do Pass

SB 210 Do Pass HB 100 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 83 Do Pass SB 142 Do Pass
Respectfully submitted, 1st Cummings of the 27th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted 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 349 Do Pass

MONDAY, MARCH 1, 1993

1241

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 810 Do Pass SB 9 Do Pass, by Substitute

SB 70 Do Pass SB 108 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Walker of the 141st 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.

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Representative Hall, Atlanta, Georgia Tuesday, March 2, 1993

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Bobby D. Willis, Pastor, Trinity Chapel Church, Morris, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 942. By Representative Streat of the 167th: A bill to provide a new charter for the City of Douglas.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 943. By Representative Jones of the 71st: A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide that a pawnbroker which sells ten or fewer used motor vehicles at auction in any calendar year shall not be required to be licensed as an auction company.
Referred to the Committee on Industry.

TUESDAY, MARCH 2, 1993

1243

HB 944. By Representative Pinholster of the 15th:
A bill to amend an Act to create the office of Commissioner of Pickens County, so as to provide for certain restrictions on the authority of a retiring commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 945. By Representatives Hughes of the 19th and Mills of the 21st:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for reasonable and nondiscriminatory utilities fees and charges for customers outside the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 946. By Representatives Hart of the 116th and Padgett of the 119th:
A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 947. By Representatives McKinney of the 51st, Martin of the 47th, Davis of the 48th, Holmes of the 53rd, McClinton of the 68th and others:
A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb and to create a new charter for said city, so as to pro vide for the election of members of the council; to provide council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 948. By Representatives Johnston of the 81st, Dickinson of the 83rd, Coleman of the 80th, Goodwin of the 79th, Wall of the 82nd and others:
A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 950. By Representatives Coleman of the 80th, Johnston of the 81st and Goodwin of the 79th:
A bill to amend an Act providing a new charter for the City of Norcross, so as to change the terms of municipal office and the times for holding the gen eral municipal election.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 951. By Representative Coleman of the 80th:
A bill to provide a homestead exemption from all City of Duluth ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value of the homestead for residents of the City of Duluth.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 955. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a $15,000.00 homestead exemption from Lamar County ad valorem taxes for county purposes and a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that county and district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for conditions and procedures relat ing thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 956. By Representatives Lee of the 94th and Walker of the 141st:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to define a certain term; to provide that the employment position of any person who is granted involuntary separation benefits by a state agency shall remain open permanently; to provide for exceptions.
Referred to the Committee on State Planning & Community Affairs.

HB 957. By Representative Connell of the 115th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to increase to seven the number of judges for the Augusta Judicial Cir cuit.
Referred to the Committee on Judiciary.

HR 360. By Representatives Lane of the 55th and Mobley of the 86th:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

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

HB 962. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the State Court of Dougherty County, for merly known as the City Court of Albany, so as to change the provisions relating to the compensation of the judge of the state court; to provide that the district attorney of the Dougherty Judicial Circuit shall appoint an assistant district attorney as a full-time solicitor of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 963. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change the provisions relating to the chief magistrate and magistrates; to provide for a full-time chief magistrate and part-time magis trates and their selection and compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

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1245

HB 964. By Representative Smith of the 169th:
A bill to amend Code Section 21-2-4 of the Official Code of Georgia Anno tated, relating to designation of congressional districts, so as to change the composition of certain congressional districts.
By unanimous consent, HB 964 was ordered engrossed.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 965. By Representative Buckner of the 95th:
A bill to amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds.
Referred to the Committee on Industry.

HB 968. By Representative Murphy of the 18th:
A bill to establish the compensation of certain officials of Haralson County; to amend an Act creating the office of county commissioner of Haralson County, so as to provide for the compensation of such official.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 972. By Representative Chambless of the 163rd:
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 provide procedures for the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives.
Referred to the Committee on Rules.

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

HB 921
HB 922 HB 923
HB 924 HB 925
SB S

HB 953
HB 954 HR 356
HR 357 HR 358
SB 116

SHBI 992390 HB 938 HB 940 HB 941 HB 949 HB 952

H bB TM K>i SB 277 SB 280 SB 284 SB 294 SB 297

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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

HB 790 Do Pass HB 836 Do Pass
HB 910 Do Pass HB 918 Do Pass

HB 919 Do Pass HB 927 Do Pass
HB 931 Do Pass HB 935 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, MARCH 2, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:
HB 38 Teachers Retirement; benefit payment; deduct certain dues HB 206 Sheriffs; salary HB 286 Storage of fireworks; regulation HB 346 Hotel-motel tax; aviation museums HB 485 Criminal procedure; sentence of life without parole HB 669 Mass transportation; DOT implement cert federal act HB 677 Workers' Compensation Board; administrative law judges serve HB 759 Commercial drivers' licenses; agricultural industry HB 792 Piedmont Judicial Circuit; terms of court HB 802 Elections; amend provisions HB 826 Auctioneers; regulation; amend provisions
HR 168 Barrow County; grant easement HR 242 Jt Steering Comm for Gen Assem Conf/Access to Hlth Care; create HR 330 Amtrak; certain proposed rail service; endorse
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 94th
Chairman

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

HB 790. By Representatives Davis of the 48th, McKinney of the 51st, Stanley of the 50th, Holmes of the 53rd, Orrock of the 56th and others:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.

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

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1247

On the passage of the Bill, the ayes were 93, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 836. By Representatives Davis of the 48th, McKinney of the 51st, Ashe of the 46th, Stanley of the 50th and Holmes of the 53rd:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 910. By Representative Godbee of the 145th:
A bill to create and establish the Metter-Candler County Charter Commis sion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 918. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of East Dublin, so as to provide for the election and term of the mayor pro tempore.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 919. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act providing for the election of members of the board of education of Laurens County, so as to provide for the compensation and expenses of such 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 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 927. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the mileage allowance for members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 931. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and elec tion of the chief magistrate of the Magistrate Court of Chatham County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 935. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

HB 657. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act providing for the compensation of certain officials in Chatham County, so as to delete the provisions relating to compensation of judges of the State Court of Chatham County.

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HB 813. By Representative Smith of the 175th:
A bill to amend an Act to provide for the Board of Education of Camden County, so as to provide for reapportionment of the education districts.

HB 814. By Representative Smith of the 175th:
A bill to amend an Act providing for a new charter for the City of St. Marys, so as to provide for districts for the election of councilmembers.

HB 815. By Representative Smith of the 175th:
A bill to amend an Act creating a Board of Commissioners of Camden County, so as to provide for reapportionment of commissioner districts.

HB 817. By Representatives Ray of the 128th and James of the 140th:
A bill to reconstitute the Board of Education of Crawford County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

HB 818. By Representatives Ray of the 128th and James of the 140th:
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.

HB 833. By Representatives Brooks of the 103rd, Epps of the 131st, Westmoreland of the 104th and Yates of the 106th:
A bill to amend an Act providing for a new charter for the City of Grantville, so as to provide for staggered two-year terms for the mayor and council.

HB 839. By Representatives Milam of the 130th and Epps of the 131st:
A bill to amend an Act creating a new Charter for the City of LaGrange, so as to authorize the expenditure of municipal funds for certain purposes.

HB 840. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to provide for a vice-chairperson of the Board of Commission ers; to provide for a quorum to conduct meetings.

HB 841. By Representatives Lawson of the 20th, Mills of the 21st, Hughes of the 19th and Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for the public schools, school district, and Board of Educa tion of the City of Gainesville.

HB 845. By Representatives Greene of the 158th and Skipper of the 137th:
A bill to provide for the election of the Board of Education of Marion County and the procedures connected therewith.

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JOURNAL OF THE HOUSE,

SB 206. By Senators Dawkins of the 45th, Slotin of the 39th, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spir its, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compli ance with certain laws.

SB 261. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to des ignate the judgeship for which they are offering.

SB 263. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and cardiac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to provide for applica bility.

HB 87. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights.

HB 195. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to authorize the Department of Natural Resources to issue permits for the construction, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to amend Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to grant revocable license agreements without competitive bid ding.

HB 197. By Representatives Dixon of the 168th, Mobley of the 69th and Hegstrom of the 66th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.

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1251

HB 229. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Code Section 43-5-444 of the Official Code of Georgia Anno tated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned.
HB 294. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to the purchase of insurance by the commissioner of adminis trative services, so as to authorize the purchase of liability insurance for attention and contract home parents providing services through the Depart ment of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein.
HB 335. By Representative Randall of the 127th:
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 home care operators from making certain representa tions regarding services.
HB 344. By Representatives Thomas of the 100th, Chambless of the 163rd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-1-8 of the Official Code of Georgia Anno tated, relating to when judge or judicial officer is disqualified, so as to pro vide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to superior court.
HB 353. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to the approval of the Board of Corrections, and shall serve at the pleasure of the county or the board.
HB 400. By Representatives Skipper of the 137th, Childers of the 13th and Culbreth of the 132nd:
A bill to amend Code Section 43-39-7 of the Official Code of Georgia Anno tated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license.
HB 454. By Representatives Walker of the 141st, Reaves of the 178th, Watson of the 139th, Parham of the 122nd and Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, so as to provide for regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles.

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JOURNAL OF THE HOUSE,

HB 493. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Johnson of the 97th and Buckner of the 95th:
A hill to amend Code Section 48-5-292 of the Official Code of Georgia Anno tated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that such members shall not be eligible to hold simultaneously any county property appraisal staff posi tion.
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 359. By Representatives Martin of the 47th, Childers of the 13th, Polak of the 67th, Streat of the 167th, Purcell of the 147th and others: A resolution commending Joseph E. Wilber, M.D.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
HB 139. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to provide that it shall be unlawful for any person, maliciously and without the consent of all parties to the communica tion, to intercept, receive, or assist in intercepting or receiving a communica tion transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.
HB 352. By Representatives Colwell of the 7th, Dobbs of the 92nd and Greene of the 158th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to special alternative incarceration, so as to provide that such special alternative incarceration shall apply to felony offenses; to provide that the Department of Corrections may extend the confinement period for an additional period not to exceed 30 days as a result of a disciplinary infrac tion as determined through a formal disciplinary process implemented by the department.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 195. By Senators Isakson of the 21st, Clay of the 37th, Ragan of the 32nd and others:
A bill to provide a homestead exemption from Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of the homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

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1253

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

SB 206. By Senators Dawkins of the 45th, Slotin of the 39th, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spir its, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compli ance with certain laws.
Referred to the Committee on Regulated Beverages.

SB 261. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to des ignate the judgeship for which they are offering.
Referred to the Committee on Judiciary.

SB 263. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and cardiac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to provide for applica bility.
Referred to the Committee on Health & Ecology.

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

HB 792. By Representatives Mobley of the 86th, Stephenson of the 25th and Jamieson of the 22nd:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jackson County and the Superior Court of Barrow County.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jack son County and the Superior Court of Barrow County; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, is amended by striking in its entirety paragraph (32) and insert ing a new paragraph to read as follows:
"(32) Piedmont Circuit: (A) Banks County -- First and second Mondays in April and October. (B) Barrow County -- Last Monday in January, F4fst first and second Mondays
in Februaryj ad second and third Mondays in August; and first Monday and second Mondays in May and November.
(C) Jackson County -- First and second Mondays in March; the first Tuesday in September, and the second and third Monday Mondays in September."
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 95, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 168. By Representative Mobley of the 86th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow County.

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 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 346. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to authorize a county or municipality under certain circumstances to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of promoting museums of aviation and aviation halls of fame.

The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 826. By Representatives Bargeron of the 120th, Coleman of the 142nd, Coleman of the 80th and Barfoot of the 155th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commission to adopt a code of ethics.

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1255

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commis sion to adopt a code of ethics; to change the qualifications for license applicants; to change reciprocity and nonresident licensing requirements; to change the grounds for revocation and suspension of licenses and censure of licensees; to provide for a full-time inspector for such commission; to change certain provisions regarding applicability; to provide that cer tain liabilities shall not be relieved; 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 auctioneers, is amended by striking Code Section 43-6-1 relating to definitions, and inserting in its place a new Code Section 43-6-1, to read as follows:
"43-6-1. As used in this chapter, the term: (1) 'Absolute auction' shall mean that ownership and title of real or personal prop
erty offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property.
41) (2) 'Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter.
43) (3) 'Auction business' or 'business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, pur chase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.
(4) 'Auction with reserve' shall mean that the seller reserves the right to refuse any and all bids.
43) (5) 'Auctioneer' means any person who, for a fee, commission, or any other val uable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchan dise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter.
44) (6) 'Commission' means the Georgia Auctioneers Commission. 4&) (7) 'Company' means an association, partnership, corporation, or sole proprietorship and shall also include the officers, directors, and employees of such entities. 46) (8) 'Goods' means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale. 4?) (9) 'Person or persons' means an individual."
Section 2. Said chapter is further amended by striking Code Section 43-6-7, relating to rules and regulations of the Georgia Auctioneers Commission, and inserting in its place a new Code Section 43-6-7 to read as follows:
"43-6-7. The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chap ter. Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the services of the licensees."

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JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking subsection (d) of Code Sec tion 43-6-11, relating to qualifications of applicants, ad inserting in its place new subsec tions (d) and (d.l) to read as follows:
"(d) Each applicant for licensure as an auctioneer shall; (1) Have served as an apprentice auctioneer for at teas* 42 months ander the
supervision ef a licensed auctioneer in this state and nave served tta -the principal aaetionccr is te or mere auctions, where grass sates were net less than $2,000.00 per twetien; daring the period he waa an apprentice auctioneer; or
{2}--Have have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission and have served as an apprentice auctioneer for at least si* months ander- the supcrvi sien ef licensed auctioneer in this state. (d.l) On and after December 31, 1996, no apprentice auctioneer's license shall be issued or renewed."
Section 4. Said chapter is further amended by striking subsections (a) and (b) of Code Section 43-6-12, relating to reciprocity and nonresident license requirements, and inserting in its place new subsections (a) and (b), respectively, to read as follows:
"(a) A person Any resident of another state who holds a current license as an auc tioneer or an apprentice auctioneer under the laws of any other state having require ments similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer or an apprentice auctioneer in this state without written examination upon the payment of a the fee fees as required by the com mission."
"(b) Any applicant whe is a resident of a another state which does not prescribe qualifications fe* liccnsurc similar te these in this chapter may, in the discretion ef thecommission, qualify te take the examination without having completed the apprenticeship requirement, provided that saeh applicant exhibits te the commission that bis expe rience and competency meet a minimum level equivalent te apprentice experience as prescribed in this chapter and by the commission in its rates have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the commission."
Section 5. Said chapter is further amended by striking Code Section 43-6-18, relating to revocation and suspension of licenses and censure of licensees, and inserting in its place a new Code Section 43-6-18, to read as follows:
"43-6-18. The commission may, upon its own motion, and shall, upon the sworn com plaint in writing of any person, investigate the actions of any auctioneer or apprentice auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade prac tices, including, but not limited to, the following:
(1) Making any substantial misrepresentation; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but con ducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into his possession, commingling funds of others with his own, or failing to keep such funds of others in an escrow or trustee account; provided, how ever, that the requirement of an escrow or trust account shall not apply to an appren tice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the com mission;

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(6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; or
(7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dis honest dealings."
Section 6. Said chapter is further amended by redesignating Code Section 43-6-18.1, relating to sanctions, as Code Section 43-6-18.2 and by adding a new Code Section 43-6-18.1 to read as follows:
"43-6-18.1. The commission shall have a full-time inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter and to report any and all such violations or any improper or unlicensed practice, includ ing but not limited to trust account violations."
Section 7. Said chapter is further amended by striking Code Section 43-6-24, relating to applicability, which reads as follows:
"43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor, or any such person acting under order of any court, nor to attorneys at law licensed by this state; nor shall this chapter apply to a trustee acting under a trust agreement, deed of trust, or will; nor shall this chapter apply to sales at auction con ducted by or under the direction of any public authority or state or governmental agency, or pursuant to any judicial order or decree, provided that such auction is con ducted by an officer or full-time employee of said public authority or state or govern mental agency. This chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. This chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real, provided that such property is the personal or real property of said per son and has not been purchased with the intent of auctioning for a profit. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101.", and inserting in its place a new Code Section 43-6-24 to read as follows:
"43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any non profit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, or shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemp tion from the commission. This chapter shall not apply to any person acting as an auc tioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H club or the Future Farmers of America; pro vided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study."
Section 8. Said chapter is further amended by adding a new Code section immedi ately following Code Section 43-6-24, to be designated Code Section 43-6-24.1, to read as follows:
"43-6-24.1. Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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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 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 371. By Representative Poag of the 6th:
A resolution recognizing the Murray County High School wrestling team and inviting the members and the coach to appear before the House of Represen tatives.

HR 373. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A resolution commending Diane Carol Jones.

HR 375. By Representatives Dixon of the 150th, Johnson of the 153rd, Johnson of the 148th, Bordeaux of the 151st, Mueller of the 152nd and others:
A resolution recognizing the Savannah, Georgia, St. Patrick's Day Parade and Festivities and inviting the Grand Marshall and the General Chairman to appear before the House of Representatives.

HR 376. By Representatives Atkins of the 29th, Towery of the 30th, Clark of the 40th, Klein of the 39th, Shipp of the 38th and others:
A resolution commending the Campbell High School winning team in the state-wide Stock Market Game.

HR 377. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:
A resolution recognizing the City of Morrow on the event of its fiftieth anni versary.

HR 378. By Representatives Buckner of the 95th, Benefield of the 96th, Bailey of the 93rd, Johnson of the 97th and Lee of the 94th:
A resolution commending the Clayton County Greenway Council.

HR 379. By Representatives Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Ehrhart of the 36th, Clark of the 40th and others:
A resolution recognizing the Cobb County Police Department's Community Oriented Police Enforcement (COPE) program.

HR 380. By Representatives Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Ehrhart of the 36th, Clark of the 40th and others:
A resolution commending LEGACY, a coordinated environmental education project.

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1259

HR 381. By Representatives Coker of the 31st, Clark of the 40th, Vaughan of the 34th, Klein of the 39th, Shipp of the 38th and others:
A resolution commending Neighborhood Cobb.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 372. By Representatives Hudson of the 156th, Reaves of the 178th, Birdsong of the 123rd, Lee of the 94th, Godbee of the 145th and others:
A resolution commending Dr. Glenn W. Burton and inviting him to appear before the House of Representatives.

HR 385. By Representatives Holmes of the 53rd and Smyre of the 136th:
A resolution commending Dr. Louis W. Sullivan and inviting him to appear before the House of Representatives.

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

HR 349. By Representatives Holmes of the 53rd, Canty of the 52nd, Sinkfield of the 57th, Randall of the 127th, Brooks of the 54th and others:
A resolution commending the Speakers of the State Houses of Assembly of Nigeria and inviting them to appear before the House of Representatives.

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 193 Do Pass, by Substitute HB 848 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

HB 286. By Representative Twiggs of the 8th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fireworks, so as to authorize persons permitted to conduct fireworks displays to retain and store such fireworks under certain circumstances; to provide for regulation of such storage of fireworks.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to authorize persons permitted to conduct fireworks dis plays to retain and store such fireworks under certain circumstances; to provide for regula tion of such storage of fireworks; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking subsection (b) of Code Section 25-10-4, relating to requirements of permits for display of fireworks, in its entirety and inserting in lieu thereof the following:
"(b) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to dispose of the fireworks by turning them ever te the state fife marshal er any ef- hia agents. Aay-
display the time specified shall, at the expiration ef- stteh time, be deemed een-
fluid 9UDjr TO 9C1ZUFC oy n Slflt-G n lU LF3nU j CfiC LrCOF^lfl OtfltC
any sheriff ef teed peMee official and shaH be destroyed at the liccnacc's expense return such fireworks to a facility approved in accordance with the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with such regulations shall not be deemed contraband and shall not be subject to seizure."
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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 38. By Representatives Powell of the 23rd, Cummings of the 27th and Atkins of the 29th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circum stances.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 2, 1993

1261

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-3-29. (a) The board of trustees is authorized, but not required, to deduct from benefit payments the membership dues of any nonprofit organization, domiciled in Georgia which requests such deductions, provided that at least 30 percent of the retired members of this retirement system belong to such organization and members of the organization request that such deduction be made as provided in subsection (b) of this Code section.
(b) Any retired member desiring the deduction provided for in subsection (a) of this Code section must so notify the board of trustees in writing in the manner specified by the board of trustees. Once begun, any such deduction may be canceled only by a request to the board of trustees in writing in a manner specified by the board of trust ees.
(c) Any organization for which membership dues deductions are made as provided in this Code section shall reimburse this retirement system for the actual cost of making such deductions.
(d) Any organization requesting the deductions provided in subsection (a) of this Code section shall reimburse this retirement system for the actual cost of determining if such organization is eligible as provided in subsection (a) of this Code section.
(e) In the event a dispute arises regarding deductions provided in subsection (a) of this Code section, this retirement system shall not be liable to any party in any manner, and the matter shall be settled between the retired member and the organization involved."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 38 as follows:
Page 1 Line 26 insert after "must" the word "annually".
Page 2 Lines 1 to 4 delete sentence that starts with "once begun".

Representative Kaye of the 37th moves to amend the Committee substitute to HB 38 as follows:
Pstargikee1"3L0in"e 20 insert "50".

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 4.
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:

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JOURNAL OF THE HOUSE,

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

The following Senate amendment was read:

Amend HB 4 by striking lines 16 through 26 of page 2 and inserting in their place the following:
"(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by. a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon con viction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety.'"

The following amendment was read and adopted:

Representative Lane of the 55th moves to amend HB 4 by adding after "provide" on line 3 of page 1 the following:
"that failure to wear a seat belt shall not be evidence of negligence; to provide".
By striking lines 15 through 17 of page 1 and inserting in their place the following:
"subsections (d) and (e) in their entireties and inserting in lieu thereof the following:
'(d) Failure to wear a seat safety belt in violation ef this Code seetie shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or opera tion of a passenger vehicle.
(e) (1) Except as otherwise provided in".

Representative Lane of the 55th moved that the House agree to the Senate amend ment, as amended by the House, to HB 4.

On the motion, the ayes were 105, nays 5. The motion prevailed.

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

TUESDAY, MARCH 2, 1993

1263

HB 677. By Representatives Smyre of the 136th, Howard of the 118th and Bordeaux of the 151st:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to allow administrative law judges to be appointed by the State Board of Workers' Compensation to serve as a member of such board to review cases on appeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 669. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Sinkfield of the 57th and others:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Anno tated, relating to mass transportation, so as to provide for compliance with Section 3029 of the federal Intermodel Surface Transportation Efficiency Act of 1991.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 759. By Representatives Hanner of the 159th, Reaves of the 178th, Crawford of the 129th, Cox of the 160th, Hudson of the 156th and others:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to provide for issuance of restricted commercial drivers' licenses to certain driv ers in the agricultural industry.

The report 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.

HR 242. By Representatives Parrish of the 144th, Lee of the 94th, Childers of the 13th, Parham of the 122nd, Atkins of the 29th and others:
A resolution creating the Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE,

HB 485. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Colwell of the 7th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to sentencing and punishment in criminal cases, so as to pro vide for the imposition of a sentence of life without parole in certain cases under certain circumstances.

The following Committee substitute was read:

A BILL
To amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances; to provide for other related matters; to provide for applicability; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, is amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of sentences, in its entirety and inserting in lieu thereof the following:
"(1) Except in cases in which life imprisonment2 life without parole, or the death penalty must may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, 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."
Section 2. Said chapter is further amended by striking Code Section 17-10-2, relating to the conduct of presentence hearings in felony cases, in its entirety and inserting in lieu thereof the following:
"17-10-2. (a) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punish ment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to his the defendant's trial shall be admissible. The judge shall also hear argument by the defendant or his the defendant's counsel and the district attorney, as provided by law, regarding the punishment to be imposed. The district attorney shall open and the defendant or his the defendant's counsel shall conclude the argument. Upon the con clusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law.
(b) In cases in which the death penalty or life without parole may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedure procedures provided for in Code Seeties Sections 17-10-30 and 17-10-30.1.
(c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume

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1265

the trial and conduct a presentence hearing before the jury. The hearing shall be con ducted in the same manner as presentence hearings conducted before the judge as pro vided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law.
(d) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punish ment."
Section 3. Said chapter is further amended by inserting after Code Section 17-10-15 a new Code Section 17-10-16 to read as follows:
"17-10-16. (a) Notwithstanding any other provision of law, a person who is con victed of an offense committed after the effective date of this Code section for which the death penalty may be imposed under the laws of this state may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter.
(b) Notwithstanding any other provision of law, any person who is convicted of an offense for which the death penalty may be imposed and who is sentenced to imprison ment for life without parole shall not be eligible for any form of parole during such person's natural life unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person was innocent of the offense for which the sentence of imprisonment for life without parole was imposed. Such person shall not be eligible for any work release program, leave, or any other pro gram administered by the Department of Corrections the effect of which would be to reduce the term of actual imprisonment to which such person was sentenced."
Section 4. Said chapter is further amended by inserting after Code Section 17-10-30 a new Code Section 17-10-30,1 to read as follows:
"17-10-30.1. (a) Imprisonment for life without parole can be imposed in any murder case in which there is found by the court or jury one or more statutory aggravating cir cumstances as defined by Code Section 17-10-30.
(b) In all cases for which life without parole may be authorized, the judge shall con sider, or shall include in the judge's instructions to the jury for it to consider, any miti gating circumstances or any of the statutory aggravating circumstances specified by Code Section 17-10-30 which may be supported by the evidence.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of life without parole, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circum stances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumer ated in Code Section 17-10-30 is so found, life without parole shall not be imposed."
Section 5. Said chapter is further amended by inserting after Code Section 17-10-31 a new Code Section 17-10-31.1 to read as follows:
"17-10-31.1. (a) Where, upon a trial by jury, a person is convicted of murder, a sen tence of death or life without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommenda tion that such sentence be imposed.
(b) Where a statutory aggravating circumstance is found and a recommendation of life without parole is made, the court shall sentence the defendant to imprisonment for life without parole as provided in Code Section 17-10-16.
(c) Where a jury has been impaneled to determine sentence and the jury has unani mously found the existence of at least one statutory aggravating circumstance but is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and

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JOURNAL OF THE HOUSE,

shall impose a sentence of either life imprisonment or imprisonment for life without parole. In imposing sentence, the judge may sentence the defendant to imprisonment for life without parole only if the court finds beyond a reasonable doubt that the defendant committed at least one statutory aggravating circumstance and the trial court has been informed by the jury foreman that upon their last vote, a majority of the jurors cast their vote for a sentence of death or for a sentence of life imprisonment without parole; provided, however, that the trial judge may impose a sentence of life imprisonment as provided by law.
(d) Notwithstanding any other provision of law, during the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury:
(1) That 'life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and
(2) That 'life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence."
Section 6. Said chapter is further amended by inserting after Code Section 17-10-32 a new Code Section 17-10-32.1 to read as follows:
"17-10-32.1. (a) Subject to the provisions of subsection (b) of this Code section, any person who has been indicted for an offense for which the death penalty or life without parole may be imposed may enter a plea of guilty at any time after indictment, and the judge of the superior court having jurisdiction may, in the judge's discretion, sentence the person to life imprisonment or to any other punishment authorized by law for the offense named in the indictment.
(b) Unless the district attorney has given notice that the state intends to seek the death penalty pursuant to the Uniform Rules of the Superior Courts, the judge shall sentence the defendant to life imprisonment. In cases where such notice has been given, the judge may sentence the defendant to death or life without parole only if the judge finds beyond a reasonable doubt the existence of at least one statutory aggravating cir cumstance as provided in Code Section 17-10-30."
Section 7. Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, a defendant whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act provided that: (1) jeopardy for the offense charged has not attached and the state has filed with the trial court notice of its intention to seek the death penalty or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking the death penalty after remand.
Section 8. Except as provided in Section 6 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act nor shall this Act be construed as repealing Code Sections 17-10-30, 17-10-31, or 17-10-32 of the Official Code of Georgia Annotated.
Section 9. No person shall be sentenced to life without parole unless such person could have received the death penalty under the laws of this state as such laws have been interpreted by the United States Supreme Court and the Supreme Court of Georgia.
Section 10. This Act shall become effective on the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

TUESDAY, MARCH 2, 1993

1267

Representative Poston of the 3rd moves to amend the Committee substitute to HB 485 by striking Section 10 in its entirety and inserting in lieu thereof the following:
"Section 10. This Act shall become effective only upon the ratification and taking effect of a constitutional amendment to the constitution of the state of Georgia authoriz ing the General Assembly to provide by law for the imposition of sentences of imprison ment for life without parole. In the absence of the ratification and taking effect of such a constitutional amendment, this Act shall not become effective. Upon the ratification and taking effect of such a constitutional amendment, this Act shall become effective on the same date upon which such constitutional amendment becomes effective."

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

Y Ashe N Atkins
Bailey N Baker E Bannister NBarfoot N Bargeron Y Barnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick
Breedlove Y BrooksJD Y Brooks,T
Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle NCarrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark Y Coker N ColemanJB N Coleman.T

N Colwell Connell
YCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M
Dickinson YDix N Dixon.H N Dixon.S
N Dobbs Dover
YEhrhart YEpps E Evans Y Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin N Greene N Groover N Hammond N Manner Y Harris.B Y Harris,M NHart N Heard Y Hegstrom N Hembree N Henson Y Holland

N Holmes Howard
Y Hudson N Hughes N Hugley N James N Jamieson Y Jenkins N Johnson.D.H N Johnson,E Y Johnson.G Y Johnson,J N Johnston Y Jones N Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly
NLane.D NLaneJR Y Lawrence Y Lawson NLee N Lewis NLord N Lucas Y Maddox EMann Y Martin
NMcBee N McClinton Y McKinney,B NMilam N Mills

N Mobley,B
Y Mobley,J Y Moore N Mosley N Mueller N Oliver
N O'Neal N Orrock N Padgett NParham N Parrish N Patten E Pelote
Perry N Pinholster NPoag NPolak Y Porter Y Poston N Powell N Purcell NRandall N Randolph
YRay N Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson
Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 55, nays 102. The amendment was lost.

Y Smith,C N Smith.L N Smith,P N Smith,T N Smith,V N Smith,W
Smyre Snow N Stancil,F Y Stancil.S
N Stanley,L Stanley,?
Y Stephenson
N Streat E Taylor N Teague YTeper N Thomas,C NTUlman
Titus Y Towery YTrense
Turnquest NTwiggs Y Vaughan N Walker N Wall N Watson N Watts Y Westmorland Y White N Williams.B
Williams.R N Yates N Yeargin
Murphy,Spkr

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

Y Ashe Y Atkins
Bailey Y Baker

E Bannister
N Barfoot N Bargeron Y Barnes

N Bates Y Benefield Y Birdsong Y Bordeaux

N Bostick N Breedlove N BrooksJD Y Brooks.T

Brown YBuck Y Buckner Y Bunn

1268

JOURNAL OF THE HOUSE,

N Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn N Chambless Y Chandler Y Channell Y Childers
N Clark Y Coker N Coleman.B Y Coleman.T Y Colwell
Connell YCoi N Crawford Y Crews
N Culbreth Y Cummings N Davis.G Y Davis,M
Dickinson YDU N Dixon.H Y Duon,S YDobbs Y Dover N Ehrhart

YEpps E Evans Y Felton Y Floyd,J.M Y Floyd,J.W
N Godbee Y Golden YGoodwin Y Greene
N Groover Y Hammond Y Banner Y Harris3 Y Harris,M YHart N Heard Y Hegstrom Y Hembree Y Henson Y Holland
N Holmes Y Howard N Hudson Y Hughes N Hugley Y James Y Jamieson N Jenkins Y Johraon,D.H Y Johnson.E Y Johnson,G Y Johnson,J

N Johnston N Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd YLakly NLane.D YLane.R Y Lawrence Y Lawson
YLee Y Lewis
Lord
N Lucas Y Maddox E Mann
Y Martin NMcBee N McClinton N McKinney,B YMilam N Mills Y Mobley.B N Mobley,J Y Moore
Mosley Y Mueller Y Oliver Y O'Neal Y Orrock

Y Padgett YParham Y Parrish Y Patten
E Pelote Y Perry Y Pinholster YPoag N Polak Y Porter NPoston N Powell N Purcell N RandaH Y Randolph
YRay N Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahan Y Sherrill N Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper N Smith.C Y Smith,L Y Smith,P Y Smith.T

N Smith,V N Smith,W
Smyre Snow N Stancil.F N Stancil.S N Stanley,L Stanley,? N Stephenson N Streat E Taylor NTeague YTeper Y Thomas.C Y Tillman Titus N Towery N Trense Turnquest Twiggs NVaughan Y Walker YWall
Y Watson Y Watts N Westmoreland Y White Y Williams.B N Williams,R N Yates N Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 101, nays 60.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Connell of the 115th, Mosley of the 171st, Smyre of the 136th and Snow 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 Kaye of the 37th 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 Mills of the 21st stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 485 was ordered immediately transmitted to the Senate.

HB 206. By Representatives Coleman of the 142nd, Streat of the 167th, Twiggs of the 8th, Parrish of the 144th and Jenkins of the 110th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Anno tated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries.

The following Committee substitute was read:

A BILL
To amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to minimum annual salaries of sheriffs, so as to change the minimum annual salaries of

TUESDAY, MARCH 2, 1993

1269

such sheriffs; to change the population brackets; to change the effective date of cost-of-living increases in salaries; 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 15-16-20 of the Official Code of Georgia Annotated, relating

to minimum annual salaries of sheriffs, is amended by striking subsection (a) in its

entirety and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) (1) Any other law to the contrary notwithstanding, the minimum annual salary

of each sheriff in this state shall be fixed according to the population of the county

in which he or she serves, as determined by the United States decennial census of

1990 or any future such census. Except as otherwise provided in paragraph (2) of this

subsection, each such sheriff shall receive an annual salary, payable in equal monthly

installments from the funds of his the sheriffs county, of not less than the amount

fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 23,061.00 25.257.00

6,000- 11,999

86^3&08 28.184.00

12,000 - 19,999

20,630.00 32,365.00

20,000 - 29,999

82,626.00 35.639.00

30,000- 39,999

3frfrtrOO 38.910.00

40,000- 49,999

38^0^99 41.852.00

50,000 - 99#99 74,999

41,487.00 45.418.00

75,000 - 99,999

46.814.00

100,000 - 100,000 149,999

447308^0 48.434.00

150,000 - 199,999

50,062.00

200,000 - 249,999

47,462.00 51.805.00

250,000 - 299,999

61,060.00 56.603.00

300,000 - and up

68,016.00 63.087.00

(2) On and after July 1, 1998 1994, whenever the employees in the classified ser

vice of the state merit system receive a cost-of-living increase of a certain percentage

or a certain amount, the amounts fixed in the minimum salary schedule in paragraph

(1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by

increasing each of said amounts through the application of longevity increases pursu

ant to subsection (b) of this Code section, where applicable^ shall be increased by the

same percentage or same amount applicable to such state employees. If the cost-of-liv

ing increase received by state employees is in different percentages or different

amounts as to certain categories of employees, the amounts fixed in the minimum sal

ary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or

the amounts derived through the application of longevity increases, shall be increased

by a percentage or an amount not to exceed the average percentage or average amount

of the general increase in salary granted to the state employees. The Office of Plan

ning and Budget shall calculate the average percentage increase or average amount

increase when necessary. The periodic changes in the amounts fixed in the minimum

salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1,

or the amounts derived through the application of longevity increases, as authorized

by this paragraph shall become effective s months on the first day of January fol

lowing the date that the cost-of-living increases received by state employees become

effective; provided, however, that if the cost-of-living increases received by state

employees become effective on January lj such periodic changes in the amounts fixed

in the minimum salary schedule in paragraph (1) of this subsection, and in Code Sec

tion 15-16-20.1, or the amounts derived through the application of longevity increases,

as authorized by this paragraph shall become effective on the same date that the cost-

of-living increases received by state employees become effective."

Section 2. This Act shall become effective January 1, 1994.

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JOURNAL OF THE HOUSE,

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

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend HB 206 as follows:
Change on page 2, line 5 the number 40,000 to 39,000 and on line 4 the number 30,000 to 29,000 and the number 39,999 to 38,999 and on line 3 the number 29,999 to 28,999.

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:

N Ashe N Atkins Y Bailey Y Baker E Bannister
Barfoot N Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove NBrooks,D Y Brooks.T
Brown YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! N Childers N Clark
Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox
N Crawford N Crews Y Culbreth
N Cummings Y Davis,G Y Davis,M N Dickinson YDix Y Dixon.H
Dixon.S
Y Dobbs Dover
NEhrhart YEpps E Evans
Felton Y Floyd,J.M Y FloydJ.W
God bee Y Golden N Goodwin YGreene Y Groover Y Hammond Y Banner Y Harris,B N Harris,M YHart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H N Johnson,E Y Johnson.G Y Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd YLakly YLane.D YLane.R N Lawrence Y Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann
Martin YMcBee
Y McClinton McKinney.B
YMilam N Mills

Y Mobley,B
N Mobley,J Y Moore
Mosley N Mueller Y Oliver
O'Neal YOrrock Y Padgett YParham YParrish Y Patten E Pelote N Perry Y Pinholster YPoag YPolak
Porter YPoston
Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal YScoggins N Shanahan Y Sherrill NShipp YSimpson
Sinkfield Y Skandalakis
Skipper

Y Smith,C Y Smith,L N Smith,P
Smith,T Y Smith,V Y Smith.W
Smyre YSnow N Stancil,F N Stancil.S
Stanley.L Stanley,? Y Stephenson YStreat E Taylor Teague YTeper Y Thomas.C YTUlman Titus Y Towery Y Trense Turnquest YTwiggs N Vaughan Y Walker YWall Y Watson Y Watte Y Westmorland White Y Williams.B
Y Williams,R N Yates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Mueller of the 152nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Mosley of the 171st 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 2, 1993

1271

Representatives Felton of the 43rd and Dixon of the 150th 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.

HR 330. By Representatives Smith of the 169th, Coleman of the 142nd, Powell of the 23rd, Lane of the 146th, Benefield of the 96th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail ser vice between Chicago and Florida with extensive service through Georgia.

The following Committee substitute was read:

A RESOLUTION
Endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia; and for other purposes.
WHEREAS, in 1990 Congress directed Amtrak to analyze the viability of restoring passenger rail service between Chicago and Florida via Atlanta since passenger rail service along this corridor ceased to exist when the Floridian was terminated in October 1979; and
WHEREAS, the National Railroad Passenger Corporation released its report to Con gress in December 1990 and pronounced the proposed service as feasible, with start-up cost estimated at $200-$227 million, noting that such a route would fill an important gap in Amtrak's current route system and tap potentially important business and discretionary travel markets; and
WHEREAS, Amtrak recognized the exceptional level of state and local interest in restoring rail passenger service to this region and has expressed a willingness to work with the states and communities served by the proposal to develop a financial plan under which this service might be implemented; and
WHEREAS, federal action to provide funding for the route may be encouraged by joint action between Georgia, Florida, Tennessee, Kentucky, Indiana, and Illinois to pro vide a $33 million contribution to capital start-up needs, with Georgia's prorated share based on route mileage; and
WHEREAS, considerable economic benefits will accrue to the local business communi ties through which a passenger train might pass, and the current blueprint includes an extensive 441 mile, highly prized daytime route in Georgia that will link Dalton, Rome, Atlanta, Macon, Cordele, and Waycross; and
WHEREAS, passenger rail service is recognized as an economical environmentally sound mode of transportation that serves the needs of the elderly, rural residents, local tourism efforts, industry, and other interests not adequately served by the highway and air transportation systems; and
WHEREAS, the members of the Georgia delegation to the U.S. Congress unanimously support Amtrak's proposal as an enhancement to tourism, economic development, and rural public transportation; and
WHEREAS, the existence of extensive public and private regional interest in restoring rail passenger service through Georgia calls for legislative review and support of this visionary transportation concept.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body endorse Amtrak's proposed restoration of pas senger rail service between Chicago and Florida with service through numerous communi ties in Georgia and support coordinated state contributions to induce federal capital funding and will cooperate with other states in this effort.

1272

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the Department of Transportation requests in its budget $100,000.00 for fiscal year 1994 for the multistate study on the impact of reinstituting such passenger rail service.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation.

The following amendment was read and adopted:

Representative Streat of the 167th moves to amend the Committee substitute to HR 330 by inserting on line 7 of page 2 before the word "and" the following:
"Douglas, Nicholls,".

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker E Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell
Cox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover YEhrhart YEpps E Evans Y Felton
Floyd,J.M Y FloydJ.W YGodbee
Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D YLane,R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas
Y Maddox E Mann
Martin
Y McBee Y McClinton
McKinney,B
YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Y Padgett YParham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag YPolak
Porter YPoston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
YScoggins YShanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S
Stanley.L Stanley,? Y Stephenson Y Streat E Taylor Teague YTeper Y Thomas,C Y Tillman Titus Y Towery Y Trense Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams.R YYates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 157, nays
0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

TUESDAY, MARCH 2, 1993

1273

Representative Stanley of the 50th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 802 was postponed.

Representative Coleman of the 142nd 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 259 Do Pass, by Substitute HR 259 Do Pass, by Substitute HR 157 Do Pass, by Substitute HR 78 Do Pass HR 155 Do Pass

HR 156 Do Pass, by Substitute HR 263 Do Pass, by Substitute HR 96 Do Pass, by Substitute HB 849 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth 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 355 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:

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

HB 255 Do Pass, by Substitute HB 282 Do Pass, as Amended

HB 718 Do Pass SB 73 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

1274

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 16 Do Pass, by Substitute
Respectfully submitted, hi Hanner of the 159th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 658 Do Pass HB 754 Do Pass HB 864 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 236 Do Pass, by Substitute HB 243 Do Pass, by Substitute HB 244 Do Pass, by Substitute

HB 489 Do Pass, by Substitute HB 572 Do Pass, by Substitute HB 452 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 26 Do Pass HB 320 Do Pass, by Substitute

HB 704 Do Pass, as Amended HB 827 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

TUESDAY, MARCH 2, 1993

1275

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:

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

HR 117 Do Pass, as Amended HR 244 Do Pass

HR 365 Do Pass SR 25 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

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

HB 786 Do Pass HB 350 Do Pass, by Substitute HB 554 Do Pass

HB 835 Do Pass HB 310 Do Pass HR 240 Do Pass

Respectfully submitted, M Dover of the 9th
Chairman

Representative Walker of the 141st 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.

1276

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 3, 1993

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 Mike A. McAfee, Senior Pastor, First United Methodist Church, Valdosta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, 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.
Pursuant to House Rule 58, at the proper time Representative Teper of the 61st will move to instruct the Rules Committee to report HB 160 back to 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 were intro duced, read the first time and referred to the committees:
HB 958. By Representative Reaves of the 178th: A bill to create the State Court of Brooks County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 959. By Representative Reaves of the 178th: A bill to amend Code Section 47-2-312 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia for employees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions.
Referred to the Committee on Retirement.

WEDNESDAY, MARCH 3, 1993

1277

HB 960. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of educa tion districts from which members of the board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 961. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating a board of commissioners of Baldwin County, so as to change the composition of commissioner districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 966. By Representatives Smith of the 169th, Benefield of the 96th, Lane of the 146th, Streat of the 167th, Coleman of the 142nd and others:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to enact the Interstate Rail Passenger Network Compact.
Referred to the Committee on Transportation.

HB 967. By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical, utility, and other contractors, so as to change cer tain provisions relating to applicability of the chapter to electrical contractors.
Referred to the Committee on Industry.

HB 969. By Representatives Hembree of the 98th, Johnston of the 81st, Lewis of the 14th, Joyce of the 1st, Lakly of the 105th and others:
A bill to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to change the provisions relating to the command of the State Defense Force; to provide for an orderly succession of command; to limit the period of service of the commander of the State Defense Force.
Referred to the Committee on Defense & Veterans Affairs.

HB 970. By Representative Shanahan of the 10th:
A bill to provide a homestead exemption from certain City of Calhoun School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 971. By Representative Shanahan of the 10th:
A bill to provide a homestead exemption from certain Gordon County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

1278

JOURNAL OF THE HOUSE,

HB 973. By Representative Jenkins of the 110th:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Anno tated, known as the "Georgia Blasting Standards Act of 1978," so as to change the requirements governing the use of explosives in blasting generally; to provide for blasting operations on certain property adjacent to property zoned residential when such blasting operations are conducted regularly as part of any mineral or quarry industry or business conducted on such prop erty adjacent to the residential property.
Referred to the Committee on Public Safety.

HB 974. By Representative Jenkins of the 110th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attor ney must search the land records and verify the landowners affected.
Referred to the Committee on Judiciary.

HB 975. By Representative Jenkins of the 110th:
A bill to amend Part 1 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Man agement Act," so as to provide that the director of the Environmental Pro tection Division of the Department of Natural Resources shall promulgate rules and regulations which specify the quantity and contamination level of petroleum contaminated soil which is permissible as a by-product of an asphalt or concrete producing or manufacturing facility.
Referred to the Committee on Natural Resources & Environment.

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 382. By Representatives Channell of the lllth and Yeargin of the 90th: A resolution designating the Johnson Gresham Bridge.
Referred to the Committee on Transportation.

HR 383. By Representatives Atkins of the 29th, Vaughan of the 34th, Ehrhart of the 36th, Coker of the 31st, Clark of the 40th and others:
A resolution designating the Lucius D. Clay Memorial Parkway.
Referred to the Committee on Transportation.

HR 384. By Representatives Golden of the 177th, Culbreth of the 132nd, Klein of the 39th, Atkins of the 29th, Kinnamon of the 4th and others:
A resolution requesting development of a multiyear plan to reduce personnel expense in state government.
Referred to the Committee on Appropriations.

WEDNESDAY, MARCH 3, 1993

1279

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

HB 992. By Representatives Bostick of the 165th and Thomas of the 100th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Anno tated, relating to minimum annual salaries of the clerks of the superior courts, so as to change the minimum annual salaries of such clerks.
Referred to the Committee on Judiciary.

HB 993. By Representative Holmes of the 53rd:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to authorize persons to register and vote on the day of the primary or election; to provide for a polling place; to provide for notice; to provide for registration and voting pro cedures.
Referred to the Committee on Governmental Affairs.

HB 994. By Representatives Mobley of the 69th, Randall of the 127th, McClinton of the 68th, Holmes of the 53rd, Johnson of the 148th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relating to torts, so as to provide for a right to action for sexual harassment.
Referred to the Committee on Special Judiciary.

HR 398. By Representatives Felton of the 43rd, Hart of the 116th, Henson of the 65th, Mobley of the 69th and Randolph of the 72nd:
A resolution creating the Education Accountability and Evaluation Commis sion.
Referred to the Committee on Education.

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

HB 942 HB 943 HB 944 HB 945 HB 946 HB 947 HB 948 HB 950 HB 951 HB 955 HB 956

HB 957 HB 962 HB 963 HB 964 HB 965 HB 968 HB 972 HR 360 SB 206 SB 261 SB 263

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:

1280

JOURNAL OF THE HOUSE,

Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 341 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 164 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 972 Do Pass HR 385 Do Pass HR 372 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

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

HB 211 Do Pass, by Substitute HB 885 Do Pass HB 890 Do Pass

HR 356 Do Pass SB 225 Do Pass SB 252 Do Pass

Respectfully submitted, /s/ Colwell of the 7th
Chairman

WEDNESDAY, MARCH 3, 1993

1281

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 641 Do Pass HB 941 Do Pass HR 360 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lane of the 55th 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 621 Do Pass, by Substitute HB 908 Do Pass HB 909 Do Pass HB 911 Do Pass HB 924 Do Pass HB 940 Do Pass

SB 151 Do Pass SB 167 Do Pass HB 930 Do Pass SB 152 Do Pass SB 153 Do Pass

Respectfully submitted, M Lane of the 55th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 57 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 3, 1993
Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:
HB 322 DHR & DMA; certain actions; hearing officers HB 362 Occupation taxes; comprehensive revision of provisions HB 391 Mtr common carriers & mtr contract carriers; definitions HB 536 Income tax; corporations; dividends from outside the U. S. HB 720 Merit system; Natural Resources Department employees; benefits HB 728 Co/mun; participation in fed HOME Invest Partnerships Program
(Recon.) HB 751 Conservation easements; creation or alteration; condemnation HB 764 Sheriffs; vacancies; alternative method of filling HB 768 District Attorneys' Retirement; postretirement benefit increases HB 784 Motor vehicles; casual sales; tag agents collect sales tax HB 820 Grand juries; oath; corrections HB 842 Vital records; spontaneous fetal deaths; reporting provisions HB 844 Inmates; production of goods; exception to prohibited sales HB 870 Inmates; offense of mutiny; state or local jails
SB 14 Alcoholic beverages; sales by coliseum authorities SB 108 Professions and businesses; licensing; oath SB 210 Health insurance; basic plan; include cert Medicaid recipients
SR 142 Carroll County; grant easement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 621. By Representatives Coker of the 31st, Atkins of the 29th, Ehrhart of the 36th, Shipp of the 38th, Clark of the 40th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position if the term of the office for which such chairperson or commissioner is qualifying begins more than 30 days prior to the expira tion of such chairperson's or commissioner's present term of office.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to provide that the office of the chairperson or of a commissioner shall be declared vacant upon such chairperson's or commissioner's qualifying for another elected position if the term of the office for which such chairperson or commissioner is qualifying begins more than 30 days prior to the expi ration of such chairperson's or commissioner's present term of office; to provide for meth ods of filling vacancies on the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 3, 1993

1283

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking Section 4 of said Act and inserting in lieu thereof the following:
"Section 4. The first chairperson of the commission created in this Act shall be elected to serve for a term of four years. His or her successor and all subsequent chairpersons shall be elected for terms of four years each and until their respective suc cessors are elected and qualified. The office of the chairperson or of a commissioner shall be declared vacant upon such person's qualifying for another elected position if the term of office for which such person is qualifying begins more than 30 days prior to the expiration of such person's present term of office."
Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof the following:
"Section 5. (a) In all elections for chairperson or commissioners held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices.
(b) In the event of a vacancy in the office of chairperson or a commissioner, due to the fact that the chairperson or commissioner qualifies for another elected position, the term of office for which begins more than 30 days prior to the expiration of such person's current term, the remaining members of the board of commissioners shall appoint a qualified person to fill such vacancy until the vacancy is filled for the unexpired term of office at a special election. Such special election shall be held on the same date as the general election which is first held following the date of the vacancy and shall be conducted in accordance with the provisions of Chapter 2 of Title 21, the 'Geor gia Election Code.'
(c) In the event of a vacancy in the office of commissioner or chairperson for a rea son other than qualifying for another elected position, the term for which begins more than 30 days prior to the expiration of such person's current term, the vacancy shall be filled as provided in this subsection. If the unexpired term of office exceeds 180 days, the vacancy shall be filled by a special election called and conducted in accordance with Chapter 2 of Title 21, the 'Georgia Election Code.' If the unexpired term of office does not exceed 180 days, the remaining members of the board of commissioners shall appoint a qualified person to serve for the remainder of the unexpired term."
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.

HB 908. By Representatives Godbee of the 145th and Lane of the 146th:
A bill to reconstitute the Board of Education of Bulloch County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

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

HB 909. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
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.

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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.

HB 911. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the election of members to the board of education.

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

HB 924. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to reconstitute the Board of Education of Talbot County and provide for its powers, duties, rights, obligations, and liabilities and subject it to cer tain constitutional and statutory provisions.

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

HB 940. By Representative Stancil of the 91st:
A bill to amend an Act incorporating the City of Watkinsville, so as to change the provisions relating to the date of city elections; to provide for the terms of office of the mayor and councilmembers.

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

SB 151. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act entitled "An Act creating the board of commissioners of Whitfield County," as amended, so as to provide that no person may serve in the office of county commissioner or chairman for longer than three con secutive terms of four years; to provide for applicability.

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

SB 167. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to provide that the election of the full-time magis trate shall be by nonpartisan election.

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

HB 930. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to provide a homestead exemption from Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual income not exceeding $22,000.00 and who are 65 years of age or over.

WEDNESDAY, MARCH 3, 1993

1285

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

SB 152. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton ad valo rem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

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

SB 153. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to provide a homestead exemption from certain City of Dalton Inde pendent School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain resi dents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro vide for applicability; to provide for a referendum, effective dates, and auto matic repeal.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister YBarfoot
Bargeron Y Barnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Breedlove Y Brooks,D N Brooks.T Brown YBuck Y Buckner Bunn Y Burkhalter
Byrd Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker
Coleman.B Y Coleman.T
Colwell Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Davis.G Y Davis,M Y Dickinson YDix Dixon.H Y Diion,S YDobbs Y Dover Y Ehrhart YEpps Y Evans
Y Felton Floyd,J.M
Y Floyd,J.W YGodbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner

Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly YLane,D YLane,R Y Lawrence Y Lawson

YLee Y Lewis
Lord Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Oliver Y O'Neal Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Porter Poston Y Powell

Y Purcell Randall
Y Randolph Ray
Y Reaves Y Reichert Y Roberts Y Royal
Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V
Y Smith,W Smyre
YSnow
Y Stancil.F Y Stancil.S
Stanley.L Stanley,? Y Stephenson
Streat Y Taylor
Teague

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YTeper YThomas.C YTillman E Titus

Y Towery Y Trense Y Turnquest
Twiggs

Y Vaughan Walker
Y Wall Y Watson

Y Watts Y Westmoreland
White Y Williams,B

Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bills, the ayes were 138, nays 2. The Bills, having received the requisite constitutional majority, were passed.

Representatives Ladd of the 59th and Poston of the 3rd 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. Eldridge, the Secre tary thereof:

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

SB 319. By Senator Baugh of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.

SB 327. By Senator Crotts of the 17th:
A bill to provide for an advisory referendum election to be held in Butts County for the purpose of ascertaining the type of government for said county desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto.

HB 743. By Representatives Bordeaux of the 151st, Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to the designa tion of the chief judge.

HB 830. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act creating the Clayton County board of commissioners, so as to change the composition of districts from which members of the Clayton County board of commissioners are elected.

HB 831. By Representatives Lee of the 94th, Benefield of the 96th, Buckner of the 95th, Johnson of the 97th and Bailey of the 93rd:
A bill to amend an Act changing the composition of and manner of selection of the Clayton County board of education, so as to change the composition of districts from which members of the Clayton County board of education are elected.

WEDNESDAY, MARCH 3, 1993

1287

HB 846. By Representative Greene of the 158th:
A bill to amend an Act entitled "An Act to consolidate the offices of tax receiver and tax collector of Quitman County into the office of the tax com missioner of Quitman County," so as to abolish the present mode of compen sating said tax commissioner, known as the fee system.

HB 853. By Representative Godbee of the 145th:
A bill to amend an Act providing a new charter for the City of Millen, so as to change the corporate limits of the city.

SB 36. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1993; to provide that otherwise valid common-law mar riages entered into prior to July 1, 1993, shall not be affected and shall con tinue to be recognized in this state.

SB 196. By Senators Oliver of the 42nd and Henson of the 55th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to provide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services.

SB 207. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts; to provide for legislative findings; to provide defini tions; to provide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers; to provide for quarterly reports.

SB 244. By Senators Taylor of the 12th, Hooks of the 14th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evi dence rule, so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy.

SB 283. By Senators Starr of the 44th, Gillis of the 20th and Broun of the 46th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county officers and school boards may be held during the general election without a prior nonpartisan primary.

HB 125. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Ashe of the 46th, Smith of the 174th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place.

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JOURNAL OF THE HOUSE,

HB 168. By Representatives Taylor of the 134th, Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and Smyre of the 136th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Cen ters, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies.

HB 227. By Representative Murphy of the 18th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for physical custody of suspended drivers' licenses by the Department of Public Safety.

HB 293. By Representatives Ashe of the 46th, Sinkfield of the 57th, Greene of the 158th, Mobley of the 69th, Trense of the 44th and others:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Home less Commission, so as to change and clarify certain powers of the commis sion.

HB 296. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Anno tated, relating to commitment of delinquent and unruly children, so as to provide certain law enforcement powers to peace officers of facilities operated by the Department of Children and Youth Services.

HB 299. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to the employment and training of peace officers, so as to des ignate the authority to apprehend unruly and delinquent children with the appropriate state department.

HB 463. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Scoggins of the 24th and Walker of the 141st:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Anno tated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquir ing, cataloging, and distributing state public documents.

HB 520. By Representatives Ray of the 128th, Murphy of the 18th, Parham of the 122nd, Watson of the 139th and Burkhalter of the 41st:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; 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 exempt antique and hobby or special interest motor vehicles from excessive ad valo rem taxes.

WEDNESDAY, MARCH 3, 1993

1289

HB 597. By Representatives Manner of the 159th, Buckner of the 95th, Watts of the 26th and Chandler of the 99th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

HB 306. By Representatives Sinkfield of the 57th, McKinney of the 51st, Royal of the 164th, Carlisle of the 107th and Martin of the 47th:
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 a probation officer with discretionary authority for the taking into custody and detention of a child under the supervision or care of such officer.

HB 600. By Representatives Streat of the 167th, Byrd of the 170th and Mosley of the 171st:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Anno tated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly.

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

HR 123. By Representatives James of the 140th and Colwell of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Macon County.

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

SB 36. By Senator Alien of the 2nd:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1993; to provide that otherwise valid common-law mar riages entered into prior to July 1, 1993, shall not be affected and shall con tinue to be recognized in this state.
Referred to the Committee on Judiciary.

SB 196. By Senators Oliver of the 42nd and Henson of the 55th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to provide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

SB 207. By Senator Abernathy of the 38th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts; to provide for legislative findings; to provide defini tions; to provide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers; to provide for quarterly reports.
Referred to the Committee on Industry.

SB 244. By Senators Taylor of the 12th, Hooks of the 14th and Perdue of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evi dence rule, so as to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy.
Referred to the Committee on Judiciary.

SB 283. By Senators Starr of the 44th, Gillis of the 20th and Broun of the 4gth:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county officers and school boards may be held during the general election without a prior nonpartisan primary.
Referred to the Committee on Governmental Affairs.

SB 319. By Senator Baugh of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 327. By Senator Crotts of the 17th:
A bill to provide for an advisory referendum election to be held in Butts County for the purpose of ascertaining the type of government for said county desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bill of the House was again taken up for consid eration:

HB 603. By Representatives White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.

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

WEDNESDAY, MARCH 3, 1993

1291

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

YAshe Y Atkins Y Bailey N Baker
Y Bannister Y Barfoot Y Bargeron
Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter
Byrd Y Campbell N Canty N Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler N Channel! N Childers Y Clark Y Coker Y Coleman,B N Coleman.T

N Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth
N Cummings N Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover YEhrhart
NEpps N Evans
Felton Y Floyd^J.M Y Floyd,J.W NGodbee Y Golden
Goodwin Y Greene N Groover Y Hammond N Banner Y Harris,B
Y Harris,M NHart N Heard N Hegstrom Y Hembree
Henson Y Holland

N Holmes N Howard Y Hudson Y Hughes
N Hugley N James N Jamieson N Jenkins Y JohnsonJXH Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones N Joyce NKaye N Kinnamon N Klein YLadd
YLakly N Lane.D Y Lane.R Y Lawrence Y Lawson
NLee Y Lewis
Lord Lucas Y Maddox E Mann N Martin
N McBee N McClinton
N McKinney,B YMilam
Y Mills

N Mobley,B N Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal N Orrock Y Padgett N Parham N Parrish Y Patten N Pelote N Perry Y Pinholster YPoag N Polak
Porter YPoston Y Powell Y Purcell
Randall N Randolph
YRay Y Reaves N Reichert N Roberts Y Royal N Scoggins N Shanah&n N Sherrill Y Shipp
Simpson N Sinkfleld Y Skandalakis Y Skipper

Y Smith.C Y Smith.L N Smith,P
Smith,T Y Smith,V
Smith,W N Smyre YSnow N Stancil,F Y Stancil.S N Stanley,L N Stanley.P N Stephenson
N Streat N Taylor
Teague NTeper
Thomas.C N Tillman E Titus Y Towery Y Trense N Turnquest
Twiggs Y Vaughan N Walker N Wall Y Watson Y Watts
Y Westmoreland N White Y Williams,B
Williams,R
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 92, nays 68.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Cauthorn of the 35th, Felton of the 43rd and Simpson 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.

Representative Crews of the 78th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Kaye of the 37th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, further consideration of HB 385 was postponed until Friday, March 5, 1993, immediately following the period of unanimous consents.

Representative Yates of the 106th arose to a point of personal privilege and addressed the House.

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

1292

JOURNAL OF THE HOUSE,

HR 365. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Atkins of the 29th, Towery of the 30th and others:
A resolution commending Stephanie Michels and inviting her to appear before the House of Representatives.

SR 25. By Senator Hemmer of the 49th: A resolution honoring the late Francis Marion "Frank" Hendley, II.

HR 372. By Representatives Hudson of the 156th, Reaves of the 178th, Birdsong of the 123rd, Lee of the 94th, Godbee of the 145th and others:
A resolution commending Dr. Glenn W. Burton and inviting him to appear before the House of Representatives.

HR 385. By Representatives Holmes of the 53rd and Smyre of the 136th:
A resolution commending Dr. Louis W. Sullivan 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 of the House were taken up for consideration and read the third time:

HB 720. By Representatives Hanner of the 159th, Twiggs of the 8th, Barfoot of the 155th, Dover of the 9th, Coleman of the 142nd and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions relative to the State Merit System of Personnel Administration, so as to provide that certain employees for the Department of Natural Resources shall be entitled to receive certain benefits.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, so as to pro vide that certain employees of the Department of Natural Resources may receive certain benefits; to provide a contingency; to provide for a limitation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, is amended by striking in its entirety subparagraph (Z) of paragraph (15) and inserting in lieu thereof the following:
"(Z) (i) The officers, officials, employees, and positions of the Department of Natu ral Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Unclassified Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natu ral Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and

WEDNESDAY, MARCH 3, 1993

1293

inclusion under the health insurance plan for state employees as provided for in Arti cle 1 of Chapter 18 of this title.
(ii) Any provision of division (i) of this subparagraph to the contrary notwith standing, unclassified employees of the Department of Natural Resources who are at work on or after July 1^ 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided, and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July lj 1993;"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown
YBuck
Y Buckner
Bunn
Y Burkhalter
Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Ehrhart YEpps Y Evans
Felton Y FloydJ.M Y Floyd,J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H
Johnson,E Johnson,G Y John&on,J Y Johnston Jones Y Joyce Kaye Y Kinnamon Y Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
Lord Y Lucas Y Maddox
E Mann Martin
YMcBee
Y McClinton McKinney.B Milam
Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
O'Neal YOrrock Y Padgett
Parham YParrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague
YTeper Y Thomas.C
Tilhnan
E Titus Towery
Y Trense Y Tumquest YTwiggs Y Vaughan
Walker YWall
Y Watson Y Watts Y Westmorland Y White Y WiUiams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Cauthorn of the 35th, Jones of the 71st and Kaye of the 37th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

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JOURNAL OF THE HOUSE,

HB 751. By Representative Benefield of the 96th:
A bill to amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to uniform conservation easements, so as to change the manner in which such easements may be altered or affected.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Anno tated, relating to uniform conservation easements, so as to provide that such easements may not be created or expanded by eminent domain; 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 44 of the Official Code of Georgia Anno tated, relating to uniform conservation easements, is amended by striking subsection (a) of Code Section 44-10-3, relating to creation or alteration of conservation easements, in its entirety and inserting the following in lieu thereof:
"(a) Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, except that a conservation easement may not be created or expanded by the exercise of the power of eminent domain ; altered, e* affected by condcnmatiea."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 751 by striking line 4 of page 1 and inserting the following:
"may not be created or expanded by eminent domain; to provide that such easements may not be altered or affected by condemnation for certain purposes; to repeal".
By striking line 19 of page 1 and inserting the following:
"of eminent domain and a conservation easement may not be altered or affected by condemnation for the purposes of the Interstate System as defined in Section 103 of Title 23 of the United States Code 7 altered; e* affected by".

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

YAshe N Atkins
N Bailey Baker
X Bannister Barfoot
Y Bargeron Y Barnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick N Breedlove Y Brooks,D NBrooks.T

Brown N Buck
Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty
Carlisle Carrell N Carter Y Cauthorn Chambless N Chandler N Channel! N Childers

N Clark N Coker
N Coleman.B N Coleman.T
Colwell Connell N Coi Y Crawford Y Crews N Culbreth N Cummings Davis.G N Davis.M N Dickinson Y Dii N Diion.H

N Diion.S Y Dobbs
Y Dover N Ehrhart N Epps
Evans Felton N Floyd,J.M N Floyd.J.W Y Godbee N Golden Goodwin N Greene N Groover Y Hammond N Manner

N Harris.B N Harris.M
N Hart N Heard Y Hegstrom Y Hembree
Henson Y Holland N Holmes
Howard N Hudson Y Hughes N Hugley N James N Jamieson Y Jenkins

WEDNESDAY, MARCH 3, 1993

1295

N Johnson,D.H Y Johnson.E N Johnson.G Y Johnson,J N Johnston N Jones N Joyce NKaye N Kinnamon Y Klein YLadd NLakly N Lane,D Y Lane,R N Lawrence N Lawson NLee Y Lewis NLord N Lucas

N Maddox E Mann
Martin NMcBee Y McClinton Y McKinney.B N Milam N Mills Y Mobley,B
Mobley,J N Moore N Mosley N Mueller Y Oliver Y O'Neal Y Orrock N Padgett
Parham N Parrish N Patten

Y Pelote
N Perry N Pinholster
YPoag YPolak Y Porter Y Poston N Powell
N Purcell NRandall N Randolph
NRay N Reaves Y Reichert
N Roberts Y Royal Y Scoggins N Shanahan Y Sherrill
N Shipp

N Simpson Sinkfield
N Skandalakis N Skipper Y Smith.C N Smith.L N Smith.P N Smith.T N Smith,V N Smith,W N Smyre NSnow N Stancil.F N Stancil.S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor
Teague

On the adoption of the amendment, the ayes were 46, nays 107. The amendment was lost.

Y Teper N Thomas.C
Tillman E Titus
Towery N Trense Y Turnquest Y Twiggs N Vaughan N Walker N Wall N Watson N Watts N Westmoreland
White N Williams,B N Williams.R YYates
Yeargin Murphy,Spkr

The Committee substitute was adopted.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck
Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Connell
YCoi Y Crawford Y Crews
Y Culbreth Y Cummings
Davis,G
Y Davis,M Y Dickinson YDix Y Dixon.H Y Dixon,S N Dobbs
Dover YEhrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden
Goodwin
Y Greene Y Groover N Hammond Y Hanner Y Harri8,B Y Harris.M
Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland

Holmes Howard Y Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson
YLee N Lewis
YLord Y Lucas Y Maddox
E Mann Martin
YMcBee Y McClinton Y McKinney,B Y Milam
Y Mills

N Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pinholster NPoag N Polak Y Porter Y Poston Y Powell
Purcell Randall Y Randolph YRay Y Reaves Y Reichert Y Roberta Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith.V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor
Teague NTeper Y Thomas.C
Tillman E Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan Y Walker YWall Y Watson
Y Watts Y Westmoreland
White Y Williams.B Y Williams.R YYates
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 15.

1296

JOURNAL OF THE HOUSE,

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

Representatives Purcell of the 147th and Yeargin 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.

By unanimous consent, HB 751 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 389. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th, Bailey of the 93rd and Johnson of the 97th:
A resolution honoring Lake Harbin Elementary School counselor Elaine Thames and inviting her to appear before the House of Representatives.

HR 390. By Representatives Buckner of the 95th, Benefield of the 96th, Bailey of the 93rd and Johnson of the 97th:
A resolution commending and honoring former Atlanta Hawks center Walt Bellamy, and inviting him to appear before the House of Representatives.

HR 397. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Barnes of the 33rd, Murphy of the 18th, Thomas of the 100th and others:
A resolution commending Congressman George (Buddy) Darden and inviting him to appear before the House of Representatives.

HR 399. By Representatives Powell of the 23rd, Dixon of the 150th, Davis of the 60th, Harris of the 112th, Johnson of the 84th and others:
A resolution honoring the Georgia Division of the Sons of Confederate Veter ans.

The following Resolutions of the House were read and adopted:

HR 386. By Representatives Johnson of the 153rd and Dixon of the 150th: A resolution commending the Union Camp Corporation.

HR 391. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Mrs. Rebecca Newkirk Gray.

HR 392. By Representative Coleman of the 142nd: A resolution commending Foster C. Taylor.

HR 393. By Representative Royal of the 164th:
A resolution congratulating the Coats and Clark Pelham Mill on the occasion of its fiftieth anniversary.

WEDNESDAY, MARCH 3, 1993

1297

HR 394. By Representative Coleman of the 80th:
A resolution congratulating Karel Lea Meyer and Gregory Gray Biggs on the occasion of their wedding.

HR 395. By Representative Pelote of the 149th: A resolution honoring Dr. Carl Rankin Jordan.

HR 396. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd, Buck of the 135th and others:
A resolution honoring Mrs. Lois Stringer Bryan.

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

HB 842. By Representatives Culbreth of the 132nd, Carrell of the 87th, Hudson of the 156th, Skipper of the 137th, Martin of the 47th and others:
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 regarding reporting spontaneous fetal deaths.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Baigeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D Brooks.T Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y CampbeU Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
Dii Y Dixon.H Y Dison,S YDobbs Y Dover Y Ehrhart YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W YGodbee Y Golden Good win
Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil,S Y Stanley.L Y Stanley,P Y Stephenson
Y Streat Y Taylor
Teague Teper Thomas.C Y Tillman E Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland White Y Williams.B Y Williams.R Y Yates Y Yeargin Murphy ,Spkr

1298

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Stancil of the 91st and Thomas of the 100th 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 14. By Senator Brown of the 26th:
A bill to amend Code Section 3-8-3 of the Official Code of Georgia Anno tated, relating to the sale of malt beverages at coliseums, 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 sales, under which sales of alcoholic beverages shall be permitted.
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:

YAshe Y Atkins Y Bailey
Baker Y Bannister
Barfoot Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks,D Y Brooks,T
Brown YBuck Y Buckner
NBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B
Y Coleman,T

Y Colwell Connell
YCox Y Crawford N Crews Y Culbreth Y Cummings
Davis.G N Davis.M N Dickinson YDii Y Dbron.H Y Dixon.S Y Dobbs
Dover Y Ehrhart
YEpps Evans Felton Floyd,J.M
Y FloydJ.W
YGodbee Y Golden
Goodwin Y Greene Y Groover
Hammond Hanner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

\ Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee N Lewis YLord
Lucas Y Maddoi E Mann
Martin YMcBee Y McClinton
McKinney,B YMilam N Mills

Y Mobley,B
Y Mobley,J Y Moore
Y Mosley N Mueller
Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Royal
Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T
Y Smith,V Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas.C Y Tillman E Titus Y Towery Y Trense Turnquest Twiggs Y Vaughan Walker Y Wall Watson Watts Y Westmorland Y White N Williams.B Y Williams.R Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

WEDNESDAY, MARCH 3, 1993

1299

HB 784. By Representative Harris of the 112th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aahe Y Atkins
Bailey Baker Y Bannister Barfoot Y Bargeron Y Barnes Bates Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T Brown YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis,M Y Dickinson YDix
Diion.H
Y Dixon.S YDobbs
Dover Y Ehrhart
YEpp8 Evans Felton FloydJ.M
Y Floyd,J.W YGodbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley
Y James Y Jamieson
Jenkins Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye N Kinnamon N Klein YLadd YLakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Martin YMcBee Y McClinton
McKinney,B Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley N Mueller
Oliver Y O'Neal
Orrock
Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V
Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper
Thomas.C Y Tilhnan E Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams.B Y Williams,R YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 140, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 768. By Representatives Buckner of the 95th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, so as to authorize the board of directors of such system to grant postretirement benefit increases.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Anno tated, relating to the administration and management of the assets of the District Attor neys' Retirement System, so as to authorize the board of directors of such system to grant

1300

JOURNAL OF THE HOUSE,

postretiremen! benefit increases; to provide conditions for such increases; 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 47 of the Official Code of Georgia Anno tated, relating to the administration and management of the assets of the District Attor neys' Retirement System, is amended by inserting at the end thereof the following:
"47-13-29. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retire ment, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) No increase granted pursuant to subsection (a) of this Code section shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 Vi percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Sec tion 47-13-70."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childera Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G N Davis,M Y Dickinson YDii
Dixon.H Y Dixon,S
NDobbs Dover
YEhrhart

YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W N Godbee Y Golden Y Goodwin Y Greene
Groover
Y Hammond Hanner
Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James

Y Jamieson Y Jenkins Y Johnson.D.H
Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Joyce YKaye Y Kinnamon
Y Klein YLadd NLakly
YLane,D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas N Maddoi E Mann
Martin YMcBee

Y McClinton McKinney.B
YMilam Y Mills Y Mobley.B Y Mobley,J N Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Farham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Postal Y Powell Y Purcell YRandall

WEDNESDAY, MARCH 3, 1993

1301

Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V Y Smith,W

YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague

YTeper
Y Thomas.C Y Tillman
E Titus Y Towery Y Trense
Turnquest NTwiggs Y Vaughan
Walker

Y Wall Y Watson Y Watte
N Westmorland White
Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 870. By Representative Johnson of the 153rd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confine ment, so as to provide that a person in lawful custody of any penal institu tion of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such institution with the intent to cause serious bodily injury commits the offense of mutiny.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfbot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson YDix
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harri8,M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y JohnsontE Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Martin YMcBee
McClinton McKinney.B Milam Y Mills

Y Mobley.B
Y MobleyJ Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter YPoston
Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C Y Tillman E Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland Y White Y Williams,B
Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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Representative Powell of the 23rd 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, HB 870 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

HB 362. By Representatives Bates of the 179th, Lane of the 55th and Yeargin of the 90th:
A bill to revise comprehensively the authority of counties and municipal cor porations relating to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, and tax payments, so as to remove an incor rect cross-reference.

Pursuant to Rule 134, Representative Buck of the 135th was excused from voting on HB 362.

The following Committee substitute was read:

A BILL
To revise comprehensively the authority of counties and municipal corporations relat ing to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 43-45-15 of the Official Code of Geor gia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control, so as to repeal authority for local governments to levy and collect an occupation tax based on gross receipts of licensees doing business within the boundaries of the taxing jurisdiction; to provide that persons engaged in the business of structural pest control shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to repeal an exemption from municipal tax or license fees for certain travel ing salespersons, merchants, and employees of merchants and provide that such salespersons, merchants and employees of merchants shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to reg istration, reports, tax payments, tax assessments, and penalties for certain cigar and ciga rette taxes, so as to remove an incorrect cross-reference; to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to strike pro visions relating to business and occupational license taxes and fees imposed by counties; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to remove certain limitations on such taxes for certain named occupations and professions; to authorize counties and municipal corporations to classify and tax businesses and practitioners of professions and occupations located in a single jurisdiction or more than one jurisdiction and certain busi nesses and practitioners with no location in the state; to require a public hearing in certain circumstances; to provide for exemptions and reductions; to provide for an election for

WEDNESDAY, MARCH 3, 1993

1303

practitioners of certain specified occupations and professions; to authorize regulatory fees in certain circumstances; to provide for criteria for classification for taxation; to provide for administrative fees; to prohibit certain criteria and methods of taxation; to provide for classification of businesses with more than one type of service or product; to provide for confidentiality; to provide a penalty for violation of confidentiality; to renumber certain Code sections; to repeal special county license fees for carnivals and itinerant shows and penalties for failure to operate such carnivals or itinerant shows without a county license; to repeal certain limitations on county and municipal business license fees and occupation taxes for wrecker services; to provide that carnivals, itinerant shows, and wrecker services shall be subject to the authority of local governments relating to occupation taxes and reg ulatory fees as revised by this Act; to change provisions relative to taxation of businesses commencing on or after July 1; to clarify license posting; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-18, relating to management of real estate brokering firms and licensed affiliates, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection to read as follows:
"(a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Sec tion 48-13-6 48-13-17."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-40-23, relating to the applicability of county or municipal license, occupational, or pro fessional taxes, and inserting a new section to read as follows:
"43-40-23. No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48 18-6 48-13-17."
Section 3. Code Section 43-45-15 of the Official Code of Georgia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection to read as follows:
"(b) The license fees provided by this chapter shall authorize the licensee te engage HI tiiic DUSIIICSS Or siFuctuf&z pest contfOi tti ti)is stfltc( ftno no county or Hiunicipfliity ahaH be authorized te ieapese any business Keense fee er occupation tax apen any person
located an established business office of a person er persona engaged in the busincoa of structural pest control, provided that any municipality er county whieh levies a- general occupation er business license tax which is based en gross receipts shall have the pewer te levy and collect an occupational, license, er professional tax upon any licensee under this chapter transacting busincaa within the boundaries ef the taxing jurisdiction, which tax shall be based upon gross revenues derived from transactions with respect te prop erty located within the boundaries ef the taxing jurisdiction. Persons licensed under this chapter shall be subject to Article 1 of Chapter 13 of Title 48."
Section 4. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to municipal taxation, is amended by striking in its entirety Code Section 48-5-354, which reads as follows:
"48-5-354. (a) No authority of any municipality shall levy or collect any tax or license fee from:
(1) A traveling salesman engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order;
(2) A merchant or dealer, the situs of whose business is outside the municipality, who delivers goods to wholesale or retail customers in the municipality either on

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orders previously taken by his salesmen or on orders previously given directly to him by the wholesale or retail customer; or
(3) The employees of any merchant or dealer doing business in the municipality in a manner defined by paragraph (2) of this subsection who are engaged in the deliv ery of the goods to wholesale or retail customers. (b) This Code section shall not apply within counties having a population over 600,000, according to the United States decennial census of 1990 or any future such cen sus.", and inserting a new Code section to read as follows: "48-5-354. The provisions of Article 1 of Chapter 13 of Title 48 shall govern munici pal and county occupation taxes for the following: traveling salespersons engaged in tak ing orders for the sale of goods when no delivery of goods is made at the time of taking the order; a merchant or dealer, the situs of whose business is outside the taxing juris diction, who delivers goods previously ordered; and the employees of a merchant or dealer who are engaged in the delivery of the goods to customers."
Section 5. Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments, tax assessments, and penalties for certain cigar and cigarette taxes, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows:
"(d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-2, 48-10-16, 48-13-10, and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers."
Section 6. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-1-22, relating to business and occupational license taxes and fees imposed by counties, and inserting the following:
"36-1-22. Reserved."
Section 7. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific, business, and occupation taxes, is amended by striking in its entirety Code Section 48-13-5, relating to levy of license, occupation, or professional tax by counties and municipalities, and inserting new Code sections to be numbered 48-13-5 through 48-13-16 as follows:
"48-13-5. As used in this article, the term: (1) 'Administrative fee' means a component of an occupation tax which approxi
mates the reasonable cost of handling and processing the occupation tax. (2) (A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Sec tion 1563(a)(l), or between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2); and (iv) Payments made to a subcontractor or an independent agent. (3) 'Location or office' shall not include a temporary work site which serves a sin
gle customer or project.

WEDNESDAY, MARCH 3, 1993

1305

(4) 'Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by a local government as a revenue-raising ordinance or resolution.
(5) 'Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax.
(6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profes sion, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or con ditions of zoning or land development. 48-13-6. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorporated part of the county and to provide for the pun ishment of violation of such a local ordinance or resolution. The governing authority of each county is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practi tioners. This article supersedes any provision of local law authorizing such taxes. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy> assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punish ment of violation of such a local ordinance or resolution. The governing authority of each municipal corporation is authorized to classify businesses and practitioners of pro fessions and occupations and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law or city charter authorizing such taxes. (c) After January 1, 1996, any local government shall conduct at least one public hearing before adopting any ordinance or resolution which will increase the occupation tax. 48-13-7. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punish ment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the unincorporated part of the county for the purpose of soliciting business or serving cus tomers or clients; or
(2) Owns personal or real property which generates income and which is located in the unincorporated part of the county.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punish ment of violation of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the corporate limits for the purpose of soliciting business or serving customers or clients; or
(2) Owns personal or real property which generates income and which is located in the corporate limits.
(c) This article supersedes any provisions of local law or city charter authorizing such taxes.
(d) Local governments levying occupation tax according to this Code section shall comply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a

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business or practitioner for purposes of this Code section shall include only those gross receipts reasonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ratios shall apply only to types of business transacted within this state.
(e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the municipal corporation or county in which the largest dollar volume of business is done or service is performed by the individual business or practitioner.
(f) If a business or practitioner subject to this Code section provides to the local gov ernment in this state which is authorized to levy occupation tax on such business or practitioner proof of payment of a local business or occupation tax in another state which purports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state.
48-13-8. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on busi nesses and practitioners of professions and occupations doing business in the unincorpo rated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law authorizing such regulatory fees.
(b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law or city charter authoriz
ing such fees. 48-13-9. (a) A local government is authorized to require a business or practitioner
of a profession or occupation to pay a regulatory fee only if the local government cus tomarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare or in the course of enforcing a state or local building, health, or safety code.
(b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited
to, the following: (1) Building and construction contractors, subcontractors, and workers;
(2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing;
(20) Boarding houses;
(21) Businesses which provide appearance bonds;
(22) Boxing and wrestling promoters;
(23) Hotels and motels;
(24) Hypnotists;

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(25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers;
(28) Garbage collectors; (29) Escort services;
(30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following:
(1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists;
(6) Dentists;
(7) Optometrists; (8) Psychologists;
(9) Veterinarians; (10) Landscape architects; (11) Land surveyors;
(12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers;
(15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects; (18) Marriage and family therapists, social workers, and professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; and
(20) Any other business, profession, or occupation for which state licensure or regis tration is required by state law, unless the state law regulating such business, profes sion, or occupation specifically allows for regulation by local governments. (d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments. 48-13-10. (a) In determining the amount of occupation tax to be levied on an indi vidual business or practitioner, local governments shall classify a business or practitioner by one of the following criteria:
(1) The number of employees of the business or practitioner; (2) Profitability ratio for the type of business, profession, or occupation as mea sured by nation-wide averages derived from statistics, classifications, or other informa tion published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; or
(3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information pub
lished by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States.
(b) Local governments which classify businesses and practitioners by the criterion described in paragraph (3) of subsection (a) of this Code section are authorized to limit
the geographic area in which gross receipts shall be taxed to that local government's jurisdiction.
(c) Local governments which classify by the criteria described in paragraph (2) or (3)
of subsection (a) of this Code section shall rank the businesses and practitioners accord ing to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish classifications which do
not overlap before setting a single rate of taxation for each classification. Such local gov ernments are not authorized to apply to any classification a rate of taxation greater than

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the rate applied to another classification which includes a business or practitioner with a higher profitability ratio.
(d) The occupation tax may include an administrative fee. (e) Local governments may by ordinance or resolution provide for an exemption or reduction in occupation tax to one or more types of businesses or practitioners of occu pations or professions as part of a plan for economic development or attracting or encouraging selected types of businesses or practitioners of selected occupations or pro fessions. Such exemptions or reductions in occupation tax shall not be arbitrary or capri cious. (f) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupa tion tax one of the following:
(1) The occupation tax resulting from application of the other provisions of this article; or
(2) Four hundred dollars per practitioner who is licensed to provide the service, such tax to be paid at that practitioner's office or location; provided, however, that a practitioner paying according to this paragraph shall not be required to provide information to the local government relating to the gross receipts of the business or practitioner. 48-13-11. In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall not use the following criteria or meth ods:
(1) Dividing a business into its constituent parts and imposing a separate occupa tion tax on each part or portion of the business, except that businesses or practition ers with more than one type of activity or product shall be taxed in accordance with Code Section 48-13-12;
(2) The size or square footage of the space occupied by the business or practi tioner; or
(3) Any criterion other than those described in Code Section 48-13-10. 48-13-12. For businesses or practitioners with more than one type of service or product, the following classification rules shall apply:
(1) Local governments which do not use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner for occupation tax purposes according to the dominant service or product; and
(2) Local governments which use the criterion described in paragraph (3) of sub section (a) of Code Section 48-13-10 shall set out in their local ordinances or resolu tions for occupation taxes whether the local government will:
(A) Classify the entire gross receipts by dominant service or product; or
(B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of the gross receipts according to the profitability ratio for that particular type of busi ness and adding the tax for all portions to arrive at the total occupation tax.
48-13-13. In levying occupation tax, local governments are not authorized to:
(1) Require a business or practitioner to pay more than one occupation tax for each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12;
(2) Levy occupation tax on more than 100 percent of the total gross receipts of the business or practitioner, when occupation taxes of all local governments are added together; or
(3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a munici pality or county of the state. 48-13-14. (a) In levying occupation tax upon a business or practitioner with a loca tion or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection

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(a) of Code Section 48-13-10 shall allocate the gross receipts of the business or practi tioner for occupation tax purposes in accordance with one of the following methods:
(1) Where the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manu factured in that location or office or service provided for compensation in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or
(2) Where the dollar amount of gross receipts cannot reasonably be allocated among multiple locations or offices, the total gross receipts shall be divided by the number of locations or offices of the business or practitioner, and an equal percentage of the total gross receipts of the business or practitioner shall be allocated to each location or office.
(b) In no instance shall the sum of the portions of the total gross receipts of a busi ness or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner.
(c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an
occupation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or
practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross
receipts by other local governments.
(d) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and
the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in par agraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any
greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for tax
ation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the munici
pal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occu pation tax.
48-13-15. (a) Except as provided in subsection (c) of this Code section, information provided to a local government by a business or practitioner of an occupation or profes sion for the purpose of determining the amount of occupation tax for the business or
practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor.
(c) Information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another
local government for occupation tax purposes or pursuant to court order or for the pur pose of collection of occupation tax or prosecution for failure or refusal to pay occupa tion tax.
48-13-16. (a) The following businesses or practitioners shall be exempt from occu pation tax, registration fees, or regulatory fees according to the provisions of this article:
(1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and
(3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. (b) This article shall not be construed to repeal other provisions of general law relat
ing to local governments' occupation tax, registration fees, or regulatory fees for busi nesses or practitioners of professions or occupations.",

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by striking in their entirety Code sections formerly designated as Code Sections 48-13-6 through 48-13-8, and inserting new Code sections to be numbered 48-13-17 through 48-13-19, to read as follows:
"48-18-6. 48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupa tion, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupa tion, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction.
(b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county.
48-18-7. 48-13-18. (a) When otherwise authorized by law to levy business license tees and occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy the fees and taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code section shall not be construed to repeal any express limitations on such municipal authority contained in general law.
(b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission of this state.
48-13-8. 48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of the municipality.
(b) Nothing contained in this Code section shall be construed to prohibit a munici pality, when otherwise authorized, from levying any form of tax or license fee being levied by any municipality in this state on January 1, 1980."
Section 8. Said article is further amended by striking in their entirety Code Section 48-13-9, relating to county license fees for carnivals and other itinerant shows, Code Sec tion 48-13-10, relating to unlawful operation of an itinerant show without a license, and Code Section 48-13-10.1, relating to business license fees and occupation tax for wrecker services, which read as follows:
"48-13-9. A county governing authority by order or resolution may regulate and impose a license fee not to exceed $1,000.00 per year upon each carnival, circus, road show, tent show, or any other itinerant show or entertainment located or held within the county and outside the corporate limits of a municipality.
48-13-10. (a) It shall be unlawful for any person to hold, operate, or conduct any show or entertainment described in Code Section 48-13-9 without having obtained a license or permit, when required, from the county governing authority.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating, or conducting the show or entertain ment shall be deemed a separate offense.
48-13-10.1. (a) As used in this Code section, the term 'wrecker service' means any person, firm, partnership, or corporation which is engaged solely or partially in the busi ness of towing wrecked or disabled vehicles.

WEDNESDAY, MARCH 3, 1993

1311

(b) No county which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the unincorporated area of such county or generates 50 percent of its gross income from business within the unincorporated area of such county.
(c) No municipality which is authorized to impose a business license fee or occupa tional tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the incorporated area of such municipality or generates 50 percent of its gross income from business within the incorporated area of such municipality.
(d) Subsections (b) and (c) of this Code section shall not prohibit counties or munici palities from enacting otherwise valid ordinances which regulate the manner in which wrecker services shall operate within their jurisdictions."
Section 9. Said article is further amended by striking in their entirety Code Sections 48-13-11 through 48-13-17, and inserting in lieu thereof the following:
"48-13 11. 48-13-20. All license; fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the tax shall be due and payable on the date of the commencement of the business.
48-13-12. 48-13-21. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 per cent of the tax or fee due.
48-13-13. 48-13-22. When any person commences business on or after July 1 in any year, the regulatory fee and the business; license, or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (d) of Code Section 48-13-10 shall not be reduced.
48-18-14. 48-13-23. Each person subject to any special or occupation tax who is also licensed by the state shall post the state license in a conspicuous place in his the licensee's place of business and shall keep the license there at all times while the license remains valid.
48-13-16. 48-13-24. In any provision of this chapter where population controls the amount of tax or license fee to be paid, the most recent United States decennial census shall govern.
48-13-16. 48-13-25. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges due him or her as though he or she had never defaulted in the payment of the tax.
48-13-17. 48-13-26. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collec tion of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due.
(b) The right of the state, counties, and municipalities to criminally prosecute per sons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to

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the remedy of issuing executions against delinquent taxpayers as authorized by subsec tion (a) of this Code section."
Section 10. This Act shall become effective on January 1, 1995.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:
Representative Campbell of the 42nd moves to amend the Committee substitute to HB 362 as follows:
Page 15 Line 24 Delete "Four hundred dollars" and Add in lieu thereof "Two hundred dollars."

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 362 as follows:
On Page 17 line 7 after the comma by inserting the following, "unless such practi tioner advertises their practice in another city or county and actually has an office or business in that city or county,".

The following amendment was read:

Representative Channell of the lllth moves to amend the Committee substitute to HB 362 by striking lines 17 through 20 on page 15 and inserting the following:
"(f) Each business or practitioner of a profession or occupation shall elect as the entire occupation tax for such business or practitioner one of the following:".

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

Y Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot N Bargeron
Y Barnes N Bates
Benefleld N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks,D N Brooks.T
Brown Buck N Buckner
YBunn N Burkhalter YByrd N Campbell
Y Canty Y Carlisle Y Carrell N Carter Y Cauthorn N Chambless N Chandler

Y Channell N Childera Y Clark Y Coker Y Coleman,B
Coleman.T NColwell
Connell NCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M N Dickinson YDix Y Dixon.H N Dixon,S NDobbs Y Dover YEhrhart YEpps Y Evans Y Felton N Floyd,J.M N FloydJ.W N Godbee N Golden
Goodwin

N Greene N Groover Y Hammond N Banner Y Harris.B Y Harris.M
NHart Y Heard N Hegstrom N Hembree N Henson N Holland N Holmes N Howard N Hudson Y Hughes
N Hugley N James
Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson.J N Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein

YLadd NLakly NLane.D YLane,R Y Lawrence N Lawson NLee Y Lewis NLord Y Lucas Y Maddox E Mann N Martin Y McBee N McClinton
McKinney,B NMilam Y Mills N Mobley.B N Mobley.J Y Moore Y Mosley Y Mueller N Oliver N O'Neal
N Orrock N Padgett YParham Y Parrish N Patten

Y Pelote Y Perry Y Pinholster
YPoag NPolak Y Porter N Poston Y Powell N Purcell NRandall N Randolph
YRay N Reaves N Reichert Y Roberts N Royal N Scoggins YShanahan N Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper N Smith,C Y Smith,L N Smith,? Y Smith,T Y Smith,V Y Smith,W

WEDNESDAY, MARCH 3, 1993

1313

N Smyre N Snow N Stancil.F Y Stancil,S N Stanley,!, N Stanley,?

Y Stephenson N Streat N Taylor N Teague NTeper Y Thomas.C

Y Tillman E Titus Y Towery Y Trense N Turnquest N Twiggs

Y Vaughan N Walker N Wall
N Watson N Watts Y Westmorland

N White Y Williams.B Y Williams,R YYates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 79, nays 87. The amendment was lost.

The following amendment was read:

Representative Brooks of the 103rd moves to amend the Committee substitute to HB 362 by striking line 24 of page 15 and inserting the following:
"(2) A fee to be set by the local government, not to exceed $400.00 per practitioner who".

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

Y Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks,D Y Brooks,T
Brown Buck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford N Crews Y Culbreth Y Cutnmings Y Davis.G N Davis,M Y Dickinson YDix Y Dixon.H Y Dixon,S YDobbs Y Dover
N Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B N Harris.M YHart Y Heard
Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson,D.H Y Johnson.E Y Johnson.G N Johnson,J Y Johnston
Jones N Joyce NKaye N Kinnamon N Klein YLadd Y Lakly Y Lane,D
Y Lane.R Y Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney.B YMilam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley N Mueller Y Oliver YO'Neal YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry N Pinholster
NPoag YPolak Y Porter YPoston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 137, nays 31. The amendment was adopted.

Y Smith,C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil,F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman E Titus N Towery Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White N Williams,B Y Williams.R YYates Y Yeargin
Murphy,Spkr

The following amendment was read:

Representative Stancil of the 16 moves to amend the Committee substitute to HB 362 by striking lines 15 and 16 of page 2 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"reductions; to provide for an election for businesses and practitioners of occupations and professions; to authorize".
By striking lines 17 through 19 of page 15 and inserting the following:
"(f) Businesses and practitioners of professions and occupations shall elect as".
By striking lines 26 and 27 of page 15 and inserting in lieu thereof the following:
"paid to the jurisdiction of the business's office or location or that practitioner's office or location; provided, however, that a business or practitioner paying".

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

Y Ashe
Y Atkins Y Bailey
N Baker Y Bannister
Barfoot N Bargeron Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks,D N Brooks.T
Brown Buck N Buckner
YBunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler Y Channel! N Childers Y Clark Y Coker Y Coleman.B N Coleman.T

N Colwell Connell
NCox N Crawford Y Crews
N Culbreth N Cummings N Davis.G Y Davis,M N Dickinson YDix N Dixon.H N Dixon.S
NDobbs N Dover Y Ehrhart NEpps Y Evans Y Felton N FloydJ.M N Floyd,J.W
NGodbee N Golden N Goodwin N Greene N Groover N Hammond N Manner N Harris.B Y Harris,M NHart N Heard N Hegstrom Y Hembree N Henson N Holland

N Holmes
N Howard N Hudson N Hughes N Hugley N James
Jamieson N Jenkins N Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd NLakly NLane.D NLane,R Y Lawrence Y Lawson YLee Y Lewis NLord N Lucas N Maddox E Mann N Martin NMcBee N McClinton N McKinney.B NMilam Y Mills

N Mobley,B N Mobley.J Y Moore N Mosley Y Mueller N Oliver NO-Neal NOrrock N Padgett NParham N Parrish
N Patten N Pelote N Perry Y Pinholster NPoag NPolak N Porter N Poston N PoweU N Purcell NRandall
N Randolph NRay N Reaves N Reichert N Roberts N Royal
N Scoggins N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfleld Y Skandalakis N Skipper

N Smith.C N Smith^ N Smith,? N Smith.T N Smith.V Y Smith,W NSmyre NSnow N Stancil.F Y StanciLS N Stanley,L N Stanley,? N Stephenson N Streat N Taylor
Teague NTeper N Thomas.C NTillman
E Titus Y Towery NTrense N Tumquest NTwiggs Y Vaughan N Walker YWall NWateon N Watts Y Westmoreland N White Y Wilhams.B Y WUliams,R YYates NYeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 48, nays 122. The amendment was lost.

Representative Smith of the 169th moved that the House reconsider its action in fail ing to adopt the Coleman amendment.

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

N Ashe Y Atkins
N Bailey N Baker Y Bannister
Barfoot N Bargeron N Barnes

N Bates N Benefield N Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks,D N Brooks,T

Brown Buck N Buckner Y Bunn N Burkhalter YByrd N Campbell N Canty

Y Carlisle
Y Carrell Y Carter Y Cauthorn N Chambless N Chandler Y Channel! N Childers

Y Clark Y Coker Y Coleman.B Y Coleman.T N Colwell
Connell YCox N Crawford

WEDNESDAY, MARCH 3, 1993

1315

Y Crews N Culbreth N Cummings
Davis,G Y Davis.M N Dickinson NDix Y Dixon.H N Dixon.S N Dobbs Y Dover N Ehrhart YEpps
Y Evans N Felton
Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin Y Greene N Groover Y Hammond Y Manner N Harris,B N Harris,M NHart N Heard

Y Hegstrom N Hembree N Henson Y Holland N Holmes N Howard Y Hudson Y Hughes N Hugley N James
Jamieson Y Jenkins
Johnson.D.H Y Johnson.E N Johnson,G N Johnson,J Y Johnston
Jones Y Joyce NKaye Y Kinnamon N Klein
NLadd N Lakly N Lane,D YLane,R Y Lawrence Y Lawson

NLee N Lewis YLord Y Lucas N Maddox EMann N Martin Y McBee N McClinton N McKinney.B NMilam N Mills Y Mobley,B N Mobley,J N Moore Y Mosley N Mueller Y Oliver N O'Neal N Orrock Y Padgett YParham Y Parrish N Patten N Pelote N Perry N Pinholster YPoag

NPolak Y Porter YPoston N Powell NPurcell
Randall
N Randolph YRay Y Reaves N Reichert N Roberts
Royal N Scoggins NShanahan N Sherrill
Y Shipp Y Simpson N Sinkfield N Skandalakii N Skipper N Smith,C N Smith,L N Smith,P Y Smith.T N Smith,V Y Smith,W
N Smyre YSnow

N Stancil.F N Stancil,S N Stanley,L N Stanley,? Y Stephenson Y Streat N Taylor NTeague NTeper Y Thomas,C N Tillman E Titus Y Towery N Trense N Turnquest NTwiggs N Vaughan N Walker N Wall Y Watson N Watts
Westmoreland N White Y Williams,B Y Williams.R
N Yates N Yeargin
Murphy.Spkr

On the motion the ayes were 63, nays 102. The motion was lost.

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:

N Ashe N Atkins Y Bailey Y Baker N Bannister
Barfoot Y Bargeron N Barries Y Bates Y Benefleld N Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D N Brooks.T
Brown Buck Y Buckner NBunn N Burkhalter
NByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless
Y Chandler Y Channell
Y Childers

N Clark N Coker N Coleman,B N Coleman.T Y Colwell
Connell YCox Y Crawford N Crews Y Culbreth Y Cummings Y Davis.G N Davis,M Y Dickinson NDix N Dixon.H Y Dixon.S Y Dobbs
Dover N Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y God bee Y Golden Y Goodwin Y Greene Y Groover N Hammond N Manner

N Harris.B
Y Harris,M YHart Y Heard
Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard Y Hudson N Hughes
Y Hugley Y James
Jamieson N Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G N Johnson,J
N Johnston Jones
N Joyce NKaye N Kinnamon N Klein NLadd Y Lakly
YLane.D N Lane,R Y Lawrence N Lawson

YLee N Lewis YLord N Lucas Y Maddox EMann Y Martin Y McBee Y McClinton Y McKinney,B YMilam N Mills N Mobley.B Y Mobley,J N Moore N Mosley N Mueller N Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
NPoag YPolak Y Porter NPoston Y Powell

Y Purcell Y Randall N Randolph YRay N Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P N Smith,T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley.P Y Stephenson Y Streat Y Taylor
Teague

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Y Teper N Thomas,C YTillman E Titus

N Towery Y Trense Y Turnquest N Twiggs

N Vaughan Y Walker N WaU Y Watson

Y Watts N Westmorland Y White N Williams.B

N Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 60.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Jamieson of the 22nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 362 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern announced the House in recess until 2:15 o'clock this afternoon.

WEDNESDAY, MARCH 3, 1993

1317

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 of the House and Senate were taken up for consideration and read the third time:
SB 108. By Senator Isakson of the 21st:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath; 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 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and businesses, is amended by adding after Code Section 43-1-19.1 a new Code section to read as follows:
"43-1-19.2. Each application for a license to practice a profession or business to be issued by a state examining board or any agency of the state shall include a question as to whether the applicant for such license:
(1) Has had revoked or suspended or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or
(2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state. The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license."
Section 2. This Act shall become effective January 1, 1994.
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:

YAahe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron

Barnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Breedlove

Y Brooks.D Y Brooks.T
Brown Buck Y Buckner Y Bunn Y Burkhalter

Y Byrd Campbell Canty
Y Carlisle Carrell
Y Carter Cauthom

Y Chambless Chandler
Y Channell Y Childers Y Clark
Coker Y Coleman.B

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JOURNAL OF THE HOUSE,

Y Coleman,T Y ColweU
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson YDix
Dixon.H Y Dixon,S
Dobbs Dover YEhrhart
YEpps Y Evans
Felton Floyd,J.M Y FIoyd,J.W Godbee Golden Goodwin Y Greene Y Groover Y Hammond Manner

Y Harris.B Y Harris.M
Hart Y Heard
Hegstrom
Y Hembree Henson
Y Holland
Holmes Howard Y Hudson Y Hughes Hugley Y James Jamieson Jenkina Y Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly Y LaneJD

YLane.R Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin
YMcBee Y McClinton Y McKinney,B YMilam Y Mills Y Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver YO'Neal
Orrock Padgett Parham YParrish Patten Y Pelote Y Perry

Y Pinholster YPoag Y Polak
Porter Poston Powell
YPurceU YRandall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skandalakis Y Skipper Smith.C Y Smith.L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Smyre

Snow Y Stancil,F Y Stancil,S
Stanley ,L Stanley ,P Y Stephenson Streat Y Taylor Teague YTeper Thomas.C Tillman
E Titus Y Towery YTrense
Tumquest Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Hugley of the 133rd, Lawrence of the 64th, Poston of the 3rd, Stanley of the 49th, Stanley of the 50th and Tillman of the 173rd 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 820. By Representative Thomas of the 100th:
A bill to amend Code Section 15-12-67 of the Official Code of Georgia Anno tated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammactical revisions and correc tions in the oath of grand jurors.

The following amendment was read and adopted:

The Judiciary Committee moves to amend HB 820 by striking from line 22 of page 1 the following:
"district", and inserting in lieu thereof the following:
"prosecuting".

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:

YAshe Y Atkins Y Bailey

Y Baker Y Bannister YBarfoot

Y Bargeron Bames
Y Bates

Y Benefield Birdsong Bordeaux

Y Bostick Y Breedlove Y Brooks.D

WEDNESDAY, MARCH 3, 1993

1319

Y Brooks,T Brown
YBuck Y Buckner YBunn Y Burkhalter
Byrd Campbell
Canty Y Carlisle YCarrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCoi Y Crawford Y Crews
Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDiz
Diion.H

Y Dixon.S Dobbs Dover
YEhrhart YEpps Y Evans
Felton
Floyd,J.M Floyd,J.W Godbee Golden Good win Y Greene Y Groover Y Hammond Hanner Y Harris3 Y Harris,M
Hart Y Heard YHegstrom
Y Hembree YHenson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Jenkins Y Johnson.D.H

Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane.D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddoi EMann Y Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills
Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver

Y O'Neal Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster YPoag YPolak
Porter P os ton Powell YPurcell YRandall
Y Randolph YRay Y Reaves
Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,?

Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S
Stanley.L Stanley,? Y Stephenson Y Streat Y Taylor Teague YTeper Y Thomas,C YTillman E Titus Y Towery Y Trense Y Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmorland White Y Williams.B Y WiUiams,R Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 322. By Representative Randall of the 127th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain cases shall be from the office of the Secretary of State; to provide for hearings in actions or pro ceedings required by the Department of Human Resources; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings shall be conducted as pro vided in Code Section 31-2-6.

The following Committee substitute was read and adopted:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain contested cases involving licenses of facilities shall be from the Department of Administrative Services; to provide for hearings in actions or proceedings required by the Department of Human Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (1) of Code Section 31-2-6, relating to actions or licenses

1320

JOURNAL OF THE HOUSE,

regulated by the Department of Human Resources, and inserting in lieu thereof the follow ing:
"(1) This Code section and all actions resulting from its provisions shall be adminis tered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Acti'; except that:
(1) All hearings in contested cases under this Code section involving the suspen sion, revocation, limitation, or denial of licenses of facilities regulated by the Depart ment of Human Resources or the imposition of civil penalties shall be conducted by hearing officers employed bj; the Department of Administrative Services, who shall be members in good standing with the State Bar of Georgia; and
(2) The provisions of subsection (a) of Code Section 50-13-17 shall not apply."
Section 2. Said title is further amended by striking subsection (a) of Code Section 31-5-2, relating to hearings of the Department of Human Resources, and inserting in lieu thereof the following:
"(a) No license, permit, or certificate or other similar right shall be revoked of pended wiuiout opportunity tot ii6u?iii fts provided m tins L^OQC section, i ic&fm sncux atee be required with respect to aay d all quasi-judicial action and 4 aay other jwecccding required fey this title or the Conatitution of Georgia. Hearings shall be required with respect to any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as pro vided in this Code section, except for hearings governed under subsection ( of Code Section 31-2-6."
Section 3. This Act shall become effective on July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T
Brown YBuck
Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle
Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark

Y Coker Y Coleman,B
Coleman.T Y Colwell
Connell YCoi Y Crawford Y Crews Y Culbreth Y Cununings Y Davis.G Y Davis,M Y Dickinson YDix
Dixon.H Y Dixon,S Y Dobbs
Dover YEhrhart YEpps Y Evans Y Felton
Floyd,J.M Floyd,J.W Y Godbee Y Golden Goodwin Y Greene Y Groover Y Hammond Manner Y Harris,B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D Y Lane,R Y Lawrence YLawson YLee Y Lewis YLord

Y Lucas Y Maddoi E Mann Y Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Poston Y Powell Y Purcell YRandall Y Randolph YRay

Y Reaves Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley,L Y Stanley,P
Y Stephenaon Y Streat Y Taylor
Teague YTeper
Y Thomas,C Y Tillman
E Titus Y Towery

WEDNESDAY, MARCH 3, 1993

1321

YTrense YTurnquest
YTwiggs

Y Vaughan Walker
YWall

Y Watson Y Watts
Y Westmoreland

White Y Williams.B
Y William8,R

Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Oliver of the 154th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 884 Do Pass, by Substitute
Respectfully submitted, /s/ Oliver of the 154th
Chairman

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

HB 391. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier".

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier"; to change the provisions relating to the exception from such definition; to require certain reflectors on certain pulpwood trailers and pole trailers; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, is amended by striking subparagraph (C) of paragraph (7) and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Except as otherwise provided in this subparagraph, the ten terms 'motor com mon carrier^ and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools;

1322

JOURNAL OF THE HOUSE,

(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasion ally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the gov erning authority of such city or by the commission and which goes beyond the corpo rate limits only for the purpose of hauling chattels which have been seized under any court process;
(iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;
(iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he or she is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transporta tion facilities as effectively as persons who are not so affected;
(v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties;
(vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a per mit or a certificate to operate;
(vii) Motor trucks of railway companies which perform a pick-up and delivery ser vice in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city;
(viii) Motor vehicles owned and operated exclusively by the United States govern ment or by this state or any subdivision thereof;
(ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumer ated below are met and subject only to the commission's transportation safety rules:
(I) The lease must be reduced to writing and a copy maintained on the leased
vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days;
(III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term
of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect,
that during the term of the lease the lessee accepts, possesses, and exercises exclu
sive dominion and control over the leased equipment and assumes complete respon
sibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibil
ity to the public for any injury caused in the course of performing the transporta
tion service conducted by the lessee with the equipment during the term of the
lease; (VI) The lessee shall display appropriate identification on all equipment leased
by it showing operation by the lessee during the performance of the transportation;

WEDNESDAY, MARCH 3, 1993

1323

(VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and
(VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence;
(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agri cultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his or her agents or employees between forest and mill or primary place of manufac ture; provided, however, motor vehicles with a manufacturer's gross weight rated
capacity of 44,000 pounds or more engaged solely in the transportation of unmanufac tured forest products shall be subject to the Georgia Forest Products Trucking Rules
which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (11) of this Code
section; provided, further, that pulpwood trailers and pole trailers with a manufactur er's gross weight rated capacity of 10,001 pounds or more engaged solely in the trans portation of unmanufactured forest products shall have two amber side marker
reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission shall
be subject to legislative review in accordance with the provisions of Code Section
46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code
Section 46-2-30. The first such rules adopted by the commission shall be effective July
1, 1991; (xi) Motor vehicles engaged in the transportation of unmanufactured agricultural
products, dairy products, poultry and processed poultry, nursery stock, sod grass,
potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, feedstuff for livestock and poultry, including
feedstuff ingredients, provided that such vehicles do not haul or transport other com modities on the same vehicle at the same time not exempt by law from the regulations of the commission; motor vehicles commonly known as tow trucks or wreckers,
designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance
to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehi cle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance
and vehicle and hazardous materials safety rules; (xii) Motor vehicles engaged in compensated intercorporate hauling whereby trans
portation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commission of its intent or the intent
of one of the subsidiaries to provide the transportation;
(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission, registers and identifies any of

1324

JOURNAL OF THE HOUSE,

its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules. For the purpose of this division, the term 'corporate family' means a group of corpora tions consisting of a parent corporation and all subsidiaries in which the parent corpo ration owns directly or indirectly a 100 percent interest; (xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the com mission, register and identify any of its vehicles, and become subject to the commis sion's liability insurance and vehicle safety rules; (xiv) Any dum. > truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Birdsong of the 123rd and Chambless of the 163rd was read and adopted:

A BILL
To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, so as to change the provisions relating to the definition of the terms "motor common carrier" and "motor contract carrier"; to change the provisions relating to the exception from such definition; to require certain reflectors on certain pulpwood trailers and pole trailers; to exclude ambulances from the definition of the terms "motor common carrier" and "motor contract carrier"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated relative to public utilities and public transportation, is amended by striking subparagraph (C) of paragraph (7) and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Except as otherwise provided in this subparagraph, the ten terms 'motor com mon carrier' and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools;
(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasion ally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the gov erning authority of such city or by the commission and which goes beyond the corpo rate limits only for the purpose of hauling chattels which have been seized under any court process;
(iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;
(iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he or she is traveling to and from his

WEDNESDAY, MARCH 3, 1993

1325

or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transporta tion facilities as effectively as persons who are not so affected;
(v) Granite trucks, where transportation from quarry to finishing plant involves
not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers
along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a per mit or a certificate to operate;
(vii) Motor trucks of railway companies which perform a pick-up and delivery ser vice in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city;
(viii) Motor vehicles owned and operated exclusively by the United States govern ment or by this state or any subdivision thereof;
(ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumer ated below are met and subject only to the commission's transportation safety rules:
(I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease;
(II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease;
(IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclu sive dominion and control over the leased equipment and assumes complete respon sibility for the operation of the equipment;
(V) The lessee must maintain public liability insurance and accept responsibil ity to the public for any injury caused in the course of performing the transporta tion service conducted by the lessee with the equipment during the term of the
lease; (VI) The lessee shall display appropriate identification on all equipment leased
by it showing operation by the lessee during the performance of the transportation;
(VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and
(VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence;
(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agri cultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his or her agents or employees between forest and mill or primary place of manufac ture; provided, however, motor vehicles with a manufacturer's gross weight rated

1326

JOURNAL OF THE HOUSE,

capacity of 44,000 pounds or more engaged solely in the transportation of unmanufac tured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (11) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufactur er's gross weight rated capacity of 10,001 pounds or more engaged solely in the trans portation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission shall be effective July 1, 1991;
(xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other com modities on the same vehicle at the same time not exempt by law from the regulations of the commission; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehi cle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules;
(xii) Motor vehicles engaged in compensated intercorporate hauling whereby trans portation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commission of its intent or the intent of one of the subsidiaries to provide the transportation;
(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission, registers and identifies any of its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules.
For the purpose of this division, the term 'corporate family' means a group of corpora tions consisting of a parent corporation and all subsidiaries in which the parent corpo ration owns directly or indirectly a 100 percent interest;
(xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the com mission, register and identify any of its vehicles, and become subject to the commis sion's liability insurance and vehicle safety rules;
(xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rulesi; or
(xv) Ambulances."

WEDNESDAY, MARCH 3, 1993

1327

Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler N Channel! Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon.S
Y Dobbs Dover
Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Floyd,J.W God bee Y Golden Good win
Y Greene Y Groover Y Hammond
Hanner Y Harris.B Y Harris.M
Hart Y Heard
Y Hegstrom Y Hembree
Henson Y Holland

Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson Y Jenkins
Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson.J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamoi Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddoi E Mann Y Martin Y McBee
McClinton McKinney.B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Muelkr Y Oliver Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill YShipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas.C Y Tillman
E Titus Y Towery
Y Trense Y Turnquest YTwiggs Y Vaughan
Walker YWall
Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams,R Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SR 142. By Senator Garner of the 30th:
A resolution authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron

Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove

Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter

Byrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn

Y Chambless Y Chandler Y Channel! Y Childera Y Clark Y Coker Y Coleman,B

1328

JOURNAL OF THE HOUSE,

Coleman.T Y Colwell
Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
Y Dix Y Dixon,H YDixon,S
Y Dobbs Dover
YEhrhart YEpps Y Evans
YFelton Y Floyd,J.M
Floyd,J.W
Y Godbee Y Golden
Goodwin YGreene Y Groover Y Hammond Y Hanner

Y Harris.B Y Harris.M Y Hart
Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard Y Hudson
Y Hughes Y Hugley Y James
Jamieson Y Jenkins Y Johnson.D.H YJohnson.E Y Johnson.G
Y Johnson,J Y Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane,D

Y Lane.R Y Lawrence Y Lawson
Y Lee Y Lewis Y Lord
Lucas Y Maddox E Mann Y Martin Y McBee
Y McClinton McKinney,B
Y Milam
Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley
Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pinholster Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper
Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre

Y Snow Y Stancil.F Y Stancil.S
Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague N Teper Y Thomas,C
Y Tillman E Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker
Y Wall Y Watson Y Watts
Y Westmoreland White
Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 153, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 844. By Representatives Murphy of the 18th, Colwell of the 7th, Coleman of the 142nd and Parrish of the 144th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Anno tated, relating to employment of penal institution inmates and production of goods by inmates, so as to change provisions relating to prohibited sales to private persons, firms, associations, and corporations; to provide that such prohibition shall not apply to a sale to a private contractor of items for use in the completion of a publicly funded project.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

HB 728. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to exercise powers and to undertake activities that are necessary to allow participation in the federal Cranston-Gonzalez National Affordable Housing Act, P.L. 101-625, 42 U.S.C. Section 12701, et seq., as amended.

Representative Lane of the 55th moved that the House reconsider its action in adopt ing the Committee substitute.
The motion prevailed.

WEDNESDAY, MARCH 3, 1993

1329

The Committee substitute was withdrawn.

The following substitute, offered by Representative Lane of the 55th was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to authorize counties and municipal corporations to participate in certain fed eral programs and to expend revenues to meet the requirements for participation in certain federal programs; to prohibit imposition of any new form of taxation for such pur poses; to authorize counties and municipal corporations to execute intergovernmental con tracts related to such programs; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by adding following Chapter 85 a new Chapter 86 to read as follows:
"CHAPTER 86
36-86-1. Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and a public purpose for counties and municipal corporations to be authorized to participate in certain federal programs.
36-86-2. Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs which provide federal grants and federal loans for housing, transportation, and water and waste-water treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corpo rations shall be authorized to exercise the following powers:
(1) To expend revenues, but shall not impose any new form of taxation; and (2) To contract:
(A) With the United States, its departments and agencies; (B) With the State of Georgia, its departments, agencies, and authorities; and (C) With regional development centers, political subdivisions of the state, and public authorities of such subdivisions when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal pro grams."
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 104, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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JOURNAL OF THE HOUSE,

HB 536. By Representatives Buck of the 135th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Anno tated, relating to income taxation of corporations, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corporation from certain sources outside the United States.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to income taxation of corporations, so as to change certain provisions relating to the sub traction from taxable income of dividends received by a corporation from certain sources outside the United States; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to income taxation of corporations, is amended by striking subparagraph (b)(8)(A) and inserting in its place a new subparagraph (b)(8)(A) to read as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a cor poration from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1986:
(i) Qualified electing fund income; (ii) Subpart F income; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and".
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall applicable to all taxable years beginning on or after the date this Act becomes effective.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Walker of the 141st, et al. was read and adopted:

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to the imposition, rate, and computation of income taxes, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corporation from certain sources outside the United States; to provide for a job tax credit for certain business enterprises in certain areas comprised of ten or more contiguous census tracts which have been designated by the commissioner of community affairs as less developed areas; to provide for a definition; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continuation of such credit under certain circumstances; to authorize such credit to

WEDNESDAY, MARCH 3, 1993

1331

be carried forward from the close of certain taxable years; 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. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia, relating to the imposition, rate, and computation of income taxes, is amended by striking subparagraph (b)(8)(A) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new subparagraph (b)(8)(A) to read as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received bjr a cor-
oration from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1986:
(i) Qualified electing fund income; (ii) Subpart F income; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and".
Section 2. Said article is further amended by adding a new Code section immediately following Code Section 48-7-40, to be designated Code Section 48-7-40.1, to read as fol lows:
"48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, process ing, tourism, and research and development industries. Such term shall not include retail businesses.
(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs shall be authorized to include in the des ignation provided for in subsection (b) of this Code section any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of commu nity affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of fulltime employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that

1332

JOURNAL OF THE HOUSE,

increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 60 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such des ignated less developed area. Credit shall not be allowed during a year if the net employ ment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctua tions above the minimum level of ten.
(f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be deter mined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been com pleted, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year."
Section 3. Section 1, this section, and Section 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after that date. Section 2 of this Act shall become effective January 1, 1994, and shall be applicable to all taxable years beginning on and after January 1, 1994.
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron
Barnes Y Bates YBenefield YBirdsong Y Bordeaux YBostick YBreedlove YBrooks,D
Brooks.T Brown YBuck YBuckner Y Bunn

YBurkhalter Y Byrd Y Campbell
Canty Y Carlisle
Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Connell Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson Y Dix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin

Y Greene Y Groover Y Hammond Y Banner
Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins

Y Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon
Klein Y Ladd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas

WEDNESDAY, MARCH 3, 1993

1333

Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock

Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster
Poag Y Polak
Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay

Y Reaves Y Reichert
N Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C
Smith.L Y Smith,P Y Smith.T

Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas.C Y Tillman E Titus

Y Towery Y Trense Y Tumquest
Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 210. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Code Section 33-51-3 of the Official Code of Georgia Anno tated, relating to the contents of the model basic health insurance plan, so as to authorize the Commissioner of Insurance to permit the coverage of cer tain children covered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 764. By Representatives Carrell of the 87th, Mobley of the 86th, Streat of the 167th and Coker of the 31st:
A bill to amend Code Section 15-16-8 of the Official Code of Georgia Anno tated, relating to the filling of vacancies in the office of sheriff, so as to authorize the provision by local law for alternative methods of filling such vacancies.

By unanimous consent, further consideration of HB 764 was postponed until tomorrow morning, immediately following the period of unanimous consents.

Representative White of the 161st arose to a point of personal privilege and addressed the House.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

1334

JOURNAL OF THE HOUSE,

HB 506 Do Pass, as Amended HR 237 Do Pass SB 15 Do Pass

SB 48 Do Pass SB 115 Do Pass, by Substitute SB 263 Do Pass
Respectfully submitted, /a/ Childers of the 13th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 389 Do Pass, by Substitute HB 678 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 240 Do Pass, by Substitute HR 133 Do Pass

SB 11 Do Pass SR 107 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 903 Do Pass HB 936 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

WEDNESDAY, MARCH 3, 1993

1335

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 964 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

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

HB 64 Do Pass HB 478 Do Pass HB 578 Do Pass

HB 664 Do Pass HB 181 Do Pass, by Substitute HR 290 Do Pass

Respectfully submitted, /s/ Dover of the 9th
Chairman

Representative Walker of the 141st 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.

1336

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 4, 1993

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:

Ashe Bailey Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bostick Breedlove Brooks,D Brooks,T Buck Buckner Bunn Burkhalter
Byrd
Campbell
CantV
CMhsle
~""eu
^""
Chambless
Chandler
Channell
Childers
Clark

Coker Coleman.B Coleman.T Colwell Connell Cox Crawford Crews Culbreth Cummings Davis.G Dickinson Dix Dixon,S Dobbs Dover Ehrhart Epps
Evans
Felton
Floyd,J.M
Floyd,J.W
Godbee
Golden
Greene
Groover
Hammond
Harris,B
Harris.M

Hart Heard Hembree Holland Howard Hudson Hughes Hugley James Jamieson Jenkins Johnson,D.H Johnson.E Johnson.G Johnson.J Johnston Joyce Kaye
Ladd
Lakly
Lane,D
Lane,R
Lawson
Lee
Lewis
Lord
Maddox
McBee
McClinton

McKinney,B Mills Mobley.B Mobley,J Moore Mosley Mueller O'Neal Orrock Padgett Parham Parrish Pelote Perry Polak Porter Powell Purcell
Randolph
Reaves
Reichert
Roberts
Royal
Scoggins
Shanahan
Sherrill
Shipp
Sinkfield
Skandalakis

Skipper Smith,C Smith.L Smith,P Smith.T Smith.V Smith.W Stancil,F Stanley,? Stephenson Taylor Teague Teper Tillman Titus Towery Trense Turnquest
Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmoreland
Williams,B
Yates
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Oliver of the 154th, Hanner of the 159th, Atkins of the 29th, Patten of the 176th, Dixon of the 168th, Williams of the 114th, Streat of the 167th, Davis of the 60th, Stanley of the 50th, Bordeaux of the 151st, Goodwin of the 79th, Simpson of the 101st, Henson of the 65th and Poston of the 3rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Howell, Pastor, Pinecrest Baptist Church, Cordele, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, 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.

Representative Teper of the 61st moved that the House instruct the Rules Committee to report HB 160 back to the House.

THURSDAY, MARCH 4, 1993

1337

On the motion, the roll was called and the vote was as follows:

NAshe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnes
N Bates N Benefield N Birdsong
Bordeaux N Bostick N Breedlove N Brooks.D N Brooks.T
Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter
Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coieman.B N Coleman.T

N Colwell N Connell NCoi N Crawford
N Crews N Culbreth N Cummings
Davis.G
N Davis.M N Dickinson NDix N Dixon.H N Diion,S NDobbs N Dover
Ehrhart NEpps N Evans
N Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden
Good win Greene N Groover N Hammond Hanner N Harris.B N Harris.M NHart N Heard N Hegstrom N Hembree N Henson Holland

N Holmes Howard Hudson
N Hughes N Hugley N James N Jamieson N Jenkins N Johnson,D.H N Johnson.E N Johnson.G N Johnson,J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein
NLadd NLakly N Lane,D N Lane,R N Lawrence N Lawson NLee N Lewis NLord N Lucas
Maddox E Mann N Martin
N McBee N McClinton N McKinney.B NMilam N Mills

N Mobley.B
N Mobley,J N Moore N Mosley
Mueller N Oliver N O'Neal N Orrock
N Padgett NParham N Parrish
N Patten N Pelote N Perry N Pinholster
NPoag N Polak
Porter YPoston N Powell
N Purcell Randall
N Randolph
NRay N Reaves N Reichert N Roberts N Royal
N Scoggins N Shanahan N Sherrill
NShipp N Simpson N Sinkfield
N Skandalakis N Skipper

N Smith.C N Smith,L N Smith,? N Smith,T N Smith,V N Smith,W NSmyre NSnow
Stancil,F
N Stancil,S N Stanley,L N Stanley,? N Stephenson
N Streat N Taylor
NTeague YTeper
N Thomas,C N Tillman
N Titus N Towery N Trense
Turnquest N Twiggs N Vaughan N Walker NWall N Watson N Watts N Westmorland N White N Williams.B
N Williams,R NYates N Yeargin
Murphy,Spkr

On the motion, the ayes were 4, nays 156. The motion was lost.

Representatives Cauthorn of the 35th and Stancil of the 91st 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.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

1338

JOURNAL OF THE HOUSE,

HB 976. By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing compensation for the treasurer of Lincoln County, so as to abolish the office of treasurer at the end of the current term of office or upon any earlier vacancy in such office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 977. By Representative Holland of the 157th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a statement of legislative intent; to define cer tain terms; to provide a Code of Fair Campaign Practices; to provide that every candidate for public office shall receive a blank form of such code.
Referred to the Committee on Governmental Affairs.

HB 978. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 979. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to reconstitute the Board of Education of Lee County and provide for its powers, duties, rights, obligations and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 980. By Representatives Bunn of the 74th, Johnson of the 97th, Davis of the 60th, Davis of the 48th, Roberts of the 162nd and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that the collection of certain additional annual registration fees for certain special license plates and prestige license plates shall not be required.
Referred to the Committee on Ways & Means.

HB 981. By Representatives Bunn of the 74th, Johnson of the 97th, Davis of the 60th, Davis of the 48th, Roberts of the 162nd and others:
A bill to amend Code Section 40-2-33 of the Official Code of Georgia Anno tated, relating to compensation of tag agents, so as to provide for additional compensation for local preparation of tag bills upon failure of the Depart ment of Revenue to prepare and mail preprinted bills.
Referred to the Committee on Ways & Means.

HB 982. By Representative Crawford of the 129th:
A bill to further define, prescribe, clarify, and enlarge the powers of the Thomaston-Upson County Office Building Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 4, 1993

1339

HB 983. By Representatives Barnes of the 33rd, Ehrhart of the 36th, Vaughan of the 34th, Coker of the 31st, Atkins of the 29th and others:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 984. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jef ferson County, so as to change the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 985. By Representative Crawford of the 129th: A bill to create the Pike County Arts Facility Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 986. By Representative Simpson of the 101st:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Anno tated, relating to certificates of title, so as to provide for transfer of title by assignment in certain limited circumstances.
Referred to the Committee on Motor Vehicles.

HB 987. By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Twin City in Emanuel County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 988. By Representatives Stanley of the 49th, Hembree of the 98th, Stanley of the 50th, Lucas of the 124th, Holmes of the 53rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for voting by electors who are 65 years of age or older without having to wait in line.
Referred to the Committee on Governmental Affairs.

HB 989. By Representatives Stanley of the 49th, Randall of the 127th, McKinney of the 51st, Stanley of the 50th and Davis of the 48th:
A bill to amend Code Section 36-61-9 of the Official Code of Georgia Anno tated, relating to the exercise of the powers of eminent domain by a munici pal corporation or a county for urban development purposes, so as to provide that a municipal corporation of a county may use any water or tax liens to set off an award made in any such condemnation proceedings.
Referred to the Committee on Special Judiciary.

HB 990. By Representative Perry of the llth:
A bill to amend an Act incorporating the City of Menlo, so as to change the provisions relating to city elections; to provide for the election and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

1340

JOURNAL OF THE HOUSE,

HB 991. By Representative Hanner of the 159th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 995. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide and establish a new charter for the town of Sycamore, in the County of Turner," so as to provide for terms of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 996. By Representative Holland of the 157th:
A bill to amend an Act to incorporate the Town of Rebecca, in Wilcox County, so as to provide for the election and terms of a mayor and five councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 997. By Representatives Carlisle of the 107th, Shanahan of the 10th, Polak of the 67th and Smith of the 175th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a Georgia Civil War Commission.
Referred to the Committee on Rules.

HB 998. By Representatives Smyre of the 136th and Buck of the 135th:
A bill to amend an Act creating the Muscogee County School District, so as to authorize the school district to obtain the services of a private nonprofit corporation to assist and work with the school district in the operation of its libraries.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 999. By Representative Teper of the 61st:
A bill to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding the "Quality Basic Education Act," so as to provide that parents and guardi ans of children for whom an Individual Education Program is required may have access to such children in the schools subject to certain conditions.
Referred to the Committee on Education.

HB 1000. By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended.
Referred to the Committee on Motor Vehicles.

THURSDAY, MARCH 4, 1993

1341

HB 1001. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act providing an annual salary for the coroner of Muscogee County in lieu of the fee system of compensation, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1002. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to provide that the governing authority of the county-wide government of Columbus shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1003. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act establishing the salary of the sheriff of Muscogee County, so as to change the salary of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1004. By Representatives Greene of the 158th and White of the 161st:
A bill to provide compensation for the members of the board of education of Baker County, so as to change the compensation of the chairperson and members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1005. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend an Act reincorporating the City of Marietta in Cobb County, so as to change the city officer who shall act as treasurer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1006. By Representatives Holmes of the 53rd, Martin of the 47th, Bostick of the 165th, Randall of the 127th, Hegstrom of the 66th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corpora tion.
Referred to the Committee on Health & Ecology.

HB 1007. By Representative Holmes of the 53rd:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Anno tated, relating to the excise tax on cigars and cigarettes, so as to change the excise tax on cigarettes.
Referred to the Committee on Ways & Means.

1342

JOURNAL OF THE HOUSE,

HB 1008. By Representatives Towery of the 30th and Culbreth of the 132nd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, so as to provide standards for small employer health benefit plans.
Referred to the Committee on Insurance.

HB 1009. By Representatives Towery of the 30th and Culbreth of the 132nd:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Medical Assistance to implement a modification of the state plan for medical assistance to provide a pilot program of publicly financed vouchers for access to privately delivered health insurance coverage.
Referred to the Committee on Health & Ecology.

HB 1010. By Representative Smith of the 169th:
A bill to amend an Act abolishing the present mode of compensating the clerk of the Superior Court, the judge of the Probate Court, and the tax com missioner of Brantley County, known as the fee system, and providing in lieu thereof annual compensation for such officers, so as to provide for the com pensation of the sheriff of Brantley County and the chief magistrate of the Magistrate Court of Brantley County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1011. By Representatives Connell of the 115th and Williams of the 114th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta,
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1012. By Representatives Connell of the 115th and Williams of the 114th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of 16 members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1013. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act abolishing the fee system as the mode of compensa tion of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, so as to provide remuneration for the Judge of the Probate Court of Spalding County for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 4, 1993

1343

HB 1014. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act creating the Spalding County Water and Sewerage Facilities Authority, so as to change the number of members of said author ity from seven to nine.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1015. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1016. By Representatives Walker of the 141st, Floyd of the 138th and James of the 140th:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1017. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to reconstitute such board of commissioners; to provide for commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1018. By Representatives Randall of the 127th, Lucas of the 124th, Groover of the 125th, Reichert of the 126th and Ray of the 128th:
A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certifi cation and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 387. By Representatives Purcell of the 147th, Murphy of the 18th, Reaves of the 178th, Davis of the 48th and Godbee of the 145th:
A resolution creating the House Study Committee on Postsecondary Techni cal and Adult Education Finance.
Referred to the Committee on Rules.

HR 388. By Representatives Polak of the 67th, Buck of the 135th, Stancil of the 91st and McBee of the 88th:
A resolution urging the Board of Regents to consider tuition remission for full-time employees of the Board of Regents.
Referred to the Committee on University System of Georgia.

1344

JOURNAL OF THE HOUSE,

HR 400. By Representatives McKinney of the 51st, Benefield of the 96th, Canty of the 52nd, Davis of the 48th, Stanley of the 50th and others:
A resolution designating the Dick Lane Bridge.
Referred to the Committee on Transportation.

HR 401. By Representatives Holmes of the 53rd, Martin of the 47th, Bostick of the 165th, Randall of the 127th, Hegstrom of the 66th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation and operation of a publicly funded state health insurance system, utilizing state funds and other availa ble funds, to finance and assist in the provision of comprehensive health care services and other services incidental thereto for all residents of this state and to replace certain current public and private methods of financing.
Referred to the Committee on Health & Ecology.

HR 402. By Representatives Stanley of the 49th, Joyce of the 1st, Dickinson of the 83rd, Davis of the 48th, Stanley of the 50th and others:
A resolution relating to the use of public sidewalks and streets adjacent to projects of the Geo. L. Smith II Georgia World Congress Center Authority.
Referred to the Committee on State Institutions & Property.

HR 403. By Representatives Porter of the 143rd, Martin of the 47th, Sherrill of the 62nd, Carlisle of the 107th and Poston of the 3rd:
A resolution creating the Georgia Civil War Resources Commission.
Referred to the Committee on Rules.

HR 410. By Representatives Streat of the 167th, Reaves of the 178th, Floyd of the 138th, Carter of the 166th, Greene of the 158th and others:
A resolution urging the Secretary of Agriculture and the United States Con gress to support and maintain the Honey Price Support Program that directly affects Georgia farmers and impacts on American agricultural pro ductivity.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 1024. By Representative Colwell of the 7th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to an emergency telephone number "911" system, so as to authorize local governments to create an authority which shall be authorized to contract with such local governments for the purpose of operating a "911" system within the corporate boundaries of such local governments.
Referred to the Committee on Industry.

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

THURSDAY, MARCH 4, 1993

1345

HB 958 HB 959 HB 960 HB 961 HB 966 HB 967 HB 969 HB 970 HB 971
HB 973
HB 974
HB 975
HB 992
HB 993

HB 994 HR 374 HR 382 HR 383 HR 384 HR 398 QQ oo B 196
SB 207
SB 244
SB 283
SB 319
SB 327

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 920 Do Pass, by Substitute SB 61 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 574 Do Pass, as Amended HB 822 Do Pass, by Substitute HB 798 Do Pass
Respectfully submitted, Is/ Thomas of the 100th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 275 Do Pass, by Substitute

1346

JOURNAL OF THE HOUSE,

Respectfully submitted, /a/ Patten of the 176th
Chairman

Representative Twiggs of the 8th 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 234 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 781 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tion of the House and has instructed me to report the same back to the House with the following recommendations:
HB 170 Do Pass, by Substitute HR 397 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

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

THURSDAY, MARCH 4, 1993

1347

HB 956 Do Pass SB 129 Do Pass SB 202 Do Pass

SB 271 Do Pass HB 238 Do Pass, by Substitute HB 715 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 682 Do Pass HB 922 Do Pass HB 932 Do Pass
HB 942 Do Pass HB 944 Do Pass

HB 945 Do Pass HB 962 Do Pass HB 963 Do Pass
HB 968 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 638 Do Pass SB 156 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 4, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enu merated below:
HB 243 Clerks' Cooperative Authority; create HB 244 Uniform Commercial Code; amend HB 259 General appropriations; FY 1993-94 HB 320 Motor vehicles; 1995 license plates; promote 1996 Olympics HB 350 Taxation; computer software defined HB 554 Governmental entities; millage rate; advertisement; hearing

1348

JOURNAL OF THE HOUSE,

HB 630 Motor fuel tax; importation and storage; amend provisions HB 631 Polygraph examiners; public employees; repeal exemption HB 648 Motor vehicle insurance; discounts; certain drivers HB 659 Willful obstruction of EMT; prohibitions; penalties HB 680 Family violence; protective orders; enforcement HB 686 Human body parts; removal from scene of death HB 712 Controlled substances; forfeitures; claims HB 786 Sales tax exemption; certain nuts, fruits, vegetables, etc. HB 811 Workers' comp insurance; premium reduction; drug-free workplace
HR 66 Joint Study Committee on Sludge; create (P.P Indefinitely) HR 332 Joint Comm on Legislative Info Management; create
SB 73 Council for School Performance; provisions
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE.

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 94th
Chairman

Representative Lane of the 55th moved that the following Bill of the House be recom mitted to the Committee on State Planning and Community Affairs Local.

HB 945. By Representatives Hughes of the 19th and Mills of the 21st:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to provide for reasonable and nondiscriminatory utilities fees and charges for customers outside the corporate limits.

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

HB 682. By Representatives Vaughan of the 34th, Shipp of the 38th, Ehrhart of the 36th, Coker of the 31st and Klein of the 39th:
A bill to amend an Act creating the Cobb Year 2000 Commission, so as to change the manner in which members shall be selected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

HB 922. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, 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 113, nays 12.

THURSDAY, MARCH 4, 1993

1349

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

HB 932. By Representatives Mueller of the 152nd, Dixon of the 150th and Johnson of the 153rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

HB 942. By Representative Streat of the 167th: A bill to provide a new charter for the City of Douglas.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 12. The Bill, having received the requisite constitutional majority, was passed.

HB 944. By Representative Pinholster of the 15th:
A bill to amend an Act to create the office of Commissioner of Pickens County, so as to provide for certain restrictions on the authority of a retiring commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

HB 962. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the State Court of Dougherty County, for merly known as the City Court of Albany, so as to change the provisions relating to the compensation of the judge of the state court; to provide that the district attorney of the Dougherty Judicial Circuit shall appoint an assistant district attorney as a full-time solicitor of the state court.

The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

HB 963. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, so as to change the provisions relating to the chief magistrate and magistrates; to provide for a full-time chief magistrate and part-time magis trates and their selection and compensation.

1350

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 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
HB 968. By Representative Murphy of the 18th:
A bill to establish the compensation of certain officials of Haralson County; to amend an Act creating the office of county commissioner of Haralson County, so as to provide for the compensation of such officials.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 265. By Senator Scott of the 36th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to revise commissioner districts for the election of certain members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.
SB 325. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Cobb County," as amended, so as to provide that the office of chairman or member of the board of commissioners shall be declared vacant upon the holder of such office qualifying for another state, county, or city office or qualifying for the House of Representatives or the Senate of the United States under certain circumstances.
SB 329. By Senator Baugh of the 25th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, as amended, so as to change the manner of selecting the chief magistrate of said magistrate court; to provide for a special election; to provide for future elec tions and terms of office; to provide for vacancies in the office of chief magis trate and magistrate.
HB 825. By Representatives Baker of the 70th, Sherrill of the 62nd, Teper of the 61st, Turnquest of the 73rd, Henson of the 65th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, so as to provide the court with authority to assess fines not to exceed the sum of $1,000.00 for any single offense.

THURSDAY, MARCH 4, 1993

1351

HB 856. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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 859. By Representatives Dobbs of the 92nd and Stancil of the 91st:
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 867. By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and provide for their election and defining the duties of said commis sioners; so as to provide for an increase in the compensation paid to each member of the governing authority of Effingham County.

HB 869. By Representative Mosley of the 171st:
A bill to amend an Act placing the sheriff of Long County on an annual sal ary in lieu of the fee system of compensation, so as to change the provisions relating to the deputy sheriffs of the sheriff.

SB 4. By Senators Dawkins of the 45th, Oliver of the 42nd, Hill of the 4th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for a definition; to provide for applicability; to promote fairness and openness in the awarding and dis bursement of state grants; to provide for rules and regulations.

SB 49. By Senators Walker of the 22nd, Gillis of the 20th, Slotin of the 39th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes.

SB 250. By Senators Oliver of the 42nd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, so as to revise substantially the provisions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission from accepting employment with or other compensation from entities regulated by the commission for a certain period of time.

HB 62. By Representatives Dover of the 9th and Royal of the 164th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Anno tated, relating to the establishment of the equalized adjusted school property tax digest, so as to change certain provisions relating to the appointment of boards of arbitrators.

1352

JOURNAL OF THE HOUSE,

HB 79. By Representatives Walker of the 141st, Bostick of the 165th, Groover of the 125th, Barnes of the 33rd and Thomas of the 100th:
A bill to amend Code Section 17-10-6 of the Official Code of Georgia Anno tated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a threejudge panel to sentences of imprisonment of 12 or more years or several con secutive sentences which total 12 or more years when fixed and imposed by a judge without a jury.

HB 94. By Representatives Ray of the 128th, Snow of the 2nd, Carrell of the 87th and Bates of the 179th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.

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

HB 124. By Representative Reaves of the 178th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricultural or aquacultural food products or commodities.

HB 258. By Representative Watson of the 139th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the regulation of electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "conditioned air contracting".

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 200. By Senators Kemp of the 3rd, Boshears of the 6th and Gillis of the 20th:
A resolution authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; to provide an effective date.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:

HB 4. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.

THURSDAY, MARCH 4, 1993

1353

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

SB 4. By Senators Dawkins of the 45th, Oliver of the 42nd, Hill of the 4th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for a definition; to provide for applicability; to promote fairness and openness in the awarding and dis bursement of state grants; to provide for rules and regulations.
Referred to the Committee on Appropriations.

SB 49. By Senators Walker of the 22nd, Gillis of the 20th, Slotin of the 39th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes.
Referred to the Committee on Health & Ecology.

SB 250. By Senators Oliver of the 42nd, Garner of the 30th, Robinson of the 16th and others:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, so as to revise substantially the provisions relative to the personnel of the Public Service Commission; to prohibit an employee or member of the Public Service Commission from accepting employment with or other compensation from entities regulated by the commission for a certain period of time.
Referred to the Committee on Industry.

SB 265. By Senator Scott of the 36th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to revise commissioner districts for the election of certain members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 325. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Cobb County," as amended, so as to provide that the office of chairman or member of the board of commissioners shall be declared vacant upon the holder of such office qualifying for another state, county, or city office or qualifying for the House of Representatives or the Senate of the United States under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

SB 329. By Senator Baugh of the 25th:
A bill to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, as amended, so as to change the manner of selecting the chief magistrate of said magistrate court; to provide for a special election; to provide for future elec tions and terms of office; to provide for vacancies in the office of chief magis trate and magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 200. By Senators Kemp of the 3rd, Boshears of the 6th and Gillis of the 20th:
A resolution authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

HR 397. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Barnes of the 33rd, Murphy of the 18th, Thomas of the 100th and others:
A resolution commending Congressman George (Buddy) Darden and inviting him to appear before the House of Representatives.

Representative Jones of the 71st arose to a point of personal privilege and addressed the House.

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

HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot YBargeron Y Barnes

Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T

Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childere

Y Clark Y Coker Y Coleman.B Y Coleman,T
Colwell Y Connell Y Cox Y Crawford

THURSDAY, MARCH 4, 1993

1355

Y Crews YCulbreth Y Cummings YDavis.G Y Davis.M
Y Dickinson Y Dix
Y Dixon,H Y Di*on,S
Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton YFloyd,J.M YFloydJ.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover YHammond YHanner YHarris,B
Y Harris,M Y Hart Y Heard

Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Y Howard Y Hudson
Y Hughes Y Hugley
Y James Jamieson
Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y JohnsonJ YJohnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly
Lane,D
Y Lane,R Y Lawrence Y Lawson

Y Lee Y Lewis Y Lord Y Lucas Y Maddox
E Mann Y Martin
Y McBee McClinton
Y McKinney.B Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pinholster
Poag

Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P Y Smith.T Y Smith,V
Y Smith.W Smyre Snow

Y Stancil,F Y Stancil,S
Stanley,L Stanley,? Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Wmiams,B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Henson of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

HB 764. By Representatives Carrell of the 87th, Mobley of the 86th, Streat of the 167th and Coker of the 31st:
A bill to amend Code Section 15-16-8 of the Official Code of Georgia Anno tated, relating to the filling of vacancies in the office of sheriff, so as to authorize the provision by local law for alternative methods of filling such vacancies.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron YBarnes Y Bates YBenefield YBirdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D

Y Brooks.T Brown
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell Y Connell Y Cox Y Crawtord Y Crews YCulbreth Y Cummings Y Davis.G Y Davis,M

Y Dickinson Y Dix
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart Y Epps
Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin

Y Greene Y Groover YHammond Y Hanner Y Harris.B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard Y Hudson

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JOURNAL OF THE HOUSE,

Y Hughes Y Hugley Y James
Jaroieson Y Jenkins Y Johnson,D.H Y JohnsonJE Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R
Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas Y Maddox E Mann
Martin YMcBee
McClinton Y McKinney,B YMilam Y Mills Y Mobley,B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett

YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag YPolak
Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan

Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Skipper
Y Smith,C Y Smith,L Y Smith.P Y Smith.T Y Smith,V
Smith,W Smyre YSnow Y StanciLF Stancil,S Stanley ,L Stanley,? Y Stephenson Y Street Y Taylor

Y Teague Y Teper Y Thomas.C YTilhnan Y Titus
Y Towery
YTrense
Y Turnquest Y Twiggs Y Vaughan Y Walker
Y Wall Y Watson
Y Watts Y Westmorland
White Y Williams,B Y Williams.R
Y Yates 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 Henson of the 65th and Lawrence of the 64th 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.

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

HB 259. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1993 and ending June 30, 1994; 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, and political subdivisions, and for all other governmental activities, projects and undertak ings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the total of $8,948,692,764 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1993 and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimated of $8,962,692,764 for State Fiscal Year 1994. (Includes $120,692,764 in Indi gent Care Trust Fund receipts and $139,000,000 from Lottery proceeds.)

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 1994

LEGISLATIVE BRANCH. $22,191,343

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;

THURSDAY, MARCH 4, 1993

1357

for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revi sion; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.

Section 2. F.Y. 1994

Department of Audits. $16,419,649

PART II JUDICIAL BRANCH

Section 3. F.Y. 1994

Supreme Court. $5,267,016

Section 4. F.Y. 1994

Court of Ap $6,104,787

Section 5. F.Y. 1994

Superior Courts. $48,610,581

Section 6. F.Y. 1994

Juvenile Courts. $1,084,20.6

Section 7. F.Y. 1994

Institute of Continuing Judicial Education. $774,786

Section 8. F.Y. 1994

Judicial Council. $2,905,220

Section 9. F.Y. 1994

Judicial Qualifications Commission. $175,600

Section 10.

Indigent Defense Council.

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JOURNAL OF THE HOUSE,

F.Y. 1994

$2,060,455

PART III EXECUTIVE BRANCH

Section 11. F.Y. 1994

Department of Administrative Services. $35,629,252

Section 12. F.Y. 1994

Agency for Removal of Hazardous Materials. $101,393

Section 13. F.Y. 1994

Department of Agriculture. $36,806,453

Section 14. F.Y. 1994

Department of Banking and Finance. $7,694,117

Section 15. F.Y. 1994

Department of Children and Youth Services. $83,874,668

Section 16. F.Y. 1994

Department of Community Affairs. $18,726,607

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, munici palities, 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 17. F.Y. 1994

Department of Corrections. $581,582,903

Section 18. F.Y. 1994

Department of Defense. $3,954,485

Section 19. F.Y. 1994

State Board of Education. $3,190,216,613

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,616.76. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event applica tion totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work site development and supervision.
Provided that, of the above appropriation relative to staff and professional develop ment, $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, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 20. F.Y. 1994

Employees' Retirement System. $0

Section 21.

Forestry Commission.

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1359

F.Y. 1994

$33,160,484

Section 22. F.Y. 1994

Georgia Bureau of Investigation. $37,139,219

Section 23. F.Y. 1994

Office of the Governor. $25,476,223

Section 24. F.Y. 1994

Department of Human Resources. $1,028,560,588

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 1994 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 juve nile 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.

Section 25. F.Y. 1994

Department of Industry, Trade and Tourism. $17,750,149

Section 26. F.Y. 1994

Office of the Commissioner of Insurance. $14,068,386

Section 27. F.Y. 1994

Department of Labor. $16,152,934

Section 28. F.Y. 1994

Department of Law. $9,373,977

Section 29. F.Y. 1994

Department of Medical Assistance. $1,175,424,473

Section 30. F.Y. 1994

State Merit System of Personnel. $0

Section 31. F.Y. 1994

Department of Natural Resources. $65,019,882

Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section.
Provided, that 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% of the excess receipts to supplant State funds and 50% may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance by distributed among qualified agencies for professional, regional preservation planning services.

Section 32. F.Y. 1994

State Board of Technical and Adult Education. $140,776,045

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JOURNAL OF THE HOUSE,

Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical
school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 33. F.Y. 1994

Department of Public Safety. $99,602,601

Section 34. F.Y. 1994

Public School Employees' Retirement System. $9,629,000

Section 35. F.Y. 1994

Public Service Commission. $8,399,849

Section 36. F.Y. 1994

Regents', University System of Georgia. $1,037,776,045

The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Sub-committees.

Section 37. F.Y. 1994

Department of Revenue. $76,875,926

Section 38. F.Y. 1994

Secretary of State. $24,893,579

Section 39. F.Y. 1994

Soil and Water Conservation Commission. $1,835,402

Section 40. F.Y. 1994

Georgia Student Finance Commission. $65,563,884

Provided, that of the above appropriated amount relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000.
B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed $300,000. The appropriation in this Section relative to Tuition Equalization Grants provides for payment of grants per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Section 20-3-410 through 20-3-416.

Section 41. F.Y. 1994

Teachers' Retirement System. $3,800,000

Section 42. F.Y. 1994

Department of Transportation. $437,444,911

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office
of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the

THURSDAY, MARCH 4, 1993

1361

amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appro
priations. (e) Functions financed with General Fund appropriations shall be accounted for sepa
rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
(g) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
It is the further intent of this General Assembly, that of the $485,000,000 of motor fuel tax appropriated in this Act, $38,641,836 is designated and committed for the Local Assistance Road Program.

Section 43. F.Y. 1994

Department of Veterans Service. $21,371,287

Section 44. F.Y. 1994

State Board of Workers' Compensation. $9,496,783

Section 45. F.Y. 1994

State of Georgia General Obligation Debt Sinking Fund. $447,486,238

With regard to the appropriations in Section 45 for "State of Georgia General Obliga tion Debt Sinking Fund (New)", the maximum maturities, user agencies and user authori ties, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $134,550 is specifically appropriated for the purpose of financing mainframe hardware for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $575,000 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), $105,600 is specifically appropriated for the purpose of financing improvement at the Atlanta Farmers Market for the Georgia Building Author ity (Markets) 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 $1,100,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the pur pose of financing the renovation of offices and facilities of the Georgia Building Authority

1362

JOURNAL OF THE HOUSE,

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 $15,000,000 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), $213,600 is specifically appropriated for the purpose of financing the renovation of offices and facilities of the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $2,225,000 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), $117,000 is specifically appropriated for the purpose of financing the renovation of offices and facilities of the Georgia Building Authority 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $395,040 is specifically appropriated for the purpose
of financing facilities for the Department of Children and Youth Services by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary
or useful in connection therewith, through the issuance of not more than $4,115,000 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), $148,590 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services 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 $635,000 in prin cipal 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), $225,810 is specifically appropriated for the purpose of financing facilities for the Department of Children and Youth Services 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 $965,000 in prin cipal 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), $624,000 is specifically appropriated for the purpose of financing Georgia Music Hall of Fame Authority facilities for the Department of Com
munity Affairs 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 $6,500,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $249,600 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

THURSDAY, MARCH 4, 1993

1363

connection therewith, through the issuance of not more than $2,600,000 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), $316,800 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 $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,543,580 is specifically appropriated for the pur pose of financing facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,870,000 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), $141,120 is specifically appropriated for the purpose of financing facilities for the Department of Defense by means of the acquisition, construc
tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec
tion therewith, through the issuance of not more than $1,470,000 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 Sinking Fund (New), $14,224,320 is specifically appropriated for the purpose of
financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $148,170,000 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 Sinking Fund (New), $729,600 is specifically appropriated for the State Board of Education for the purpose of financing certain public library facilities for county and
independent school systems, counties, municipalities, and boards of trustees of public library systems, through the insurance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess
of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Sinking Fund (New), $1,626,300 is specifically appropriated for the purpose of
financing equipment for a student information system for county and independent school systems through the State Board of Education by means of the acquisition, construction,
development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection
therewith, through the issurance of not more than $6,950,000 in principal amount of Gen eral 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 Sinking Fund (New), $1,614,600 is specifically appropriated for the purpose of
financing equipment for comprehensive high schools for county and independent school systems through the State Board of Education by means of the acquisition, construction,
development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issurance of not more than $6,900,000 in principal amount of Gen
eral Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $2,880,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewer systems, through the issuance of not more that $30,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $96,000 is specifically appropriated for the Georgia Envi ronmental Facilities Authority for the purpose of financing loans to local governments and local government entities for solid waste facilities, through the issuance of not more that $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $487,200 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 $5,075,000 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), $182,400 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 $1,900,000 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), $151,680 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 $1,580,000 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), $138,720 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 $1,445,000 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), $74,880 is specifically appropriated for the purpose of financing facilities for the Department of Industry, Trade and Tourism 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 $780,000 in prin cipal 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), $1,257,600 is specifically appropriated for the pur pose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism by means of the acquisition, construction,
development, extension, enlargement and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection

THURSDAY, MARCH 4, 1993

1365

therewith, through the issuance of not more than $13,100,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $854,400 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Depart ment of Industry, Trade and Tourism by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $8,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $720,000 is specifically appropriated for the purpose of financing facilities for the Jekyll Island State Park Authority 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 $7,500,000 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), $1,920,000 is specifically appropriated for the pur pose of financing the purchase of land 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, nec essary 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.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,776,000 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 $18,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $240,000 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 $2,500,000 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), $1,296,000 is specifically appropriated for the pur pose of financing harbor improvements 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,367,840 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

1366

JOURNAL OF THE HOUSE,

in connection therewith, through the issuance of not more than $24,665,000 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), $172,800 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 $1,800,000 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), $10,848,000 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 $113,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,689,600 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 $80,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forth months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,669,760 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 $27,810,000 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), $1,344,000 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 $14,000,000 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), $3,182,400 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $351,000 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

THURSDAY, MARCH 4, 1993

1367

$1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $307,200 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, which may be used in conjunction with research and development in pulp, paper and non-wovens technology, 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 two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,112,000 is specifically appropriated for the pur pose of financing facilities for the Stone Mountain Memorial Association 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 $22,000,000 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), $2,968,800 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 improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $30,925,000 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), $819,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $240,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, 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 forth months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,269,600 is specifically appropriated for the pur pose of financing facilities for the Department of Transportation by means of the acquisi tion, 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 $13,225,000 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), $12,000,000 is specifically appropriated for the pur pose of financing a program of Developmental Highways 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

1368

JOURNAL OF THE HOUSE,

more than $125,000,000 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), $163,200 is specifically appropriated for the purpose of financing facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $49,440 is specifically appropriated for the purpose of financing facilities for the Department of Veterans Service 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 $515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 46. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 47. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 48. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 49. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

THURSDAY, MARCH 4, 1993

1369

Section 50. 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.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 51. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 52. 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 53. No State appropriations authorized under this Act shall be used to continue programs currently funded by entirely with federal funds.
Section 54. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pickup trucks, vans, station wag ons and other such vehicles for street and highway use; and
(2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 55. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this state fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the

1370

JOURNAL OF THE HOUSE,

Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publication and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each 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.
(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 56. 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 57. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 58. Salary Adjustment

$63,367,015

In addition to all other appropriations for the State Fiscal Year ending June 30, 1994,

there is hereby appropriated $63,367,015 for the purposes described herein; (1) for merit

increases of 2.5% for full-time employees of the executive, judicial and legislative branches

of government to be awarded on each employee's anniversary date based on a rating of

satisfactory or better on the employee's annual performance appraisal, provided that

employees who were eligible for but did not receive merit increases in May and June of

1991 will be eligible to receive a merit increase in July of 1993; (2) for a 2% formula fund

ing level for merit increases for Regents faculty and support personnel to be awarded on

July 1, 1993 for non-academic personnel and September 1, 1993 for academic personnel;

(3) to add an L-5 longevity factor and increase all longevity factors by .1% for the State

Board of Education and the Board of Technical and Adult Education; and (4) for a 1.75%

salary adjustment for State paid school bus drivers and lunchroom workers effective July

1, 1993.

Section 59. Workers' Compensation Increase

$14,067,750

In addition to all other appropriations for the State Fiscal Year ending June 30, 1994,

there is hereby appropriated $14,067,750 for the purpose of making adjustments to agency

appropriations for Workers' Compensation premium payments.

Section 60. F.Y. 1994

TOTAL STATE FUND APPROPRIATIONS $8,948,692,764

Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 62. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

THURSDAY, MARCH 4, 1993

1371

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994; 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, 1993, and ending June 30, 1994, 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 $8,703,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994.

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 ....................................................................$

22,291,343 11,173,441 3,632,028 2,639,954
74,500 7,000
0 147,000 586,000
5,000 654,000 146,552
2,002,568 90,500
1.132,800 22,291,343 22,291,343

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

3,544,290

$

669,573

$

1.171.633

$

5,385,496

$

3,544,290

$

669,573

$

1.171.633

$

5,385,496

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office

$

8,637,470

$

471,101

$

8,637,470

$

471,101

1372

JOURNAL OF THE HOUSE,

Clerk of the House's Office Total

$

1,256,593

$

10,365,164

$

1,256,593

$

10,365,164

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,249,779

$

2,218,389

$

941,320

$

1,131,195

$

6,540,683

$

2,249,779

$

2,218,389

$

941,320

$

1,131.195

$

6,540,683

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...................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Trftvel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$
Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^

15,405,007
12,960,633 386,000 521,650
115,540 15,000 803,184
39,000 450,000 114,000

THURSDAY, MARCH 4, 1993
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................!
Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts.............................................................!
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel..................................................................! Council of Superior Court Judges ................................................$ Judicial Administrative Districts..................................................! 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..........................................................................! 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 Council of Superior Court
Clerks............................................................................................! Payment to Resource Center.........................................................! Payment to Computerized
Information Network ................................................................,,! Total Funds Budgeted....................................................................!

1373
15,405,007 15,405,007
5,043,199 4,239,099 1,489.100 5,728,199 5,043,199
5,673,190 5,009,013
714,177 5,723,190 5,673,190
47,889,905 46,639,629
1,806,426 154,502 105,139
1,058.425 49,764,121 47,889,905
870,319
639.950 502,250
137,700 780,950 639,950
2.269,973 1,149,984
76,500 41,689
26,000
20,000 12,000
33,800 250,000
660,000 2,269,973

1374

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

2,269,973

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 .........................................$ 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....................................................................!

36,699,264 47,339,868 12,388,068
259,300 270,400 1,632,804 11,272,599 2,937,687 4,827,483 419,425 11,289,500 41,000 2,750,000
2,821,811
0 45,416,967
440,600 16,500,000
150,000 35,000 160,792,512 36,699,264

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems Space Management Procurement Administration General Services Central Supply Services Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Total

1,790,408 5,542,329 10,949,303
470,802 2,809,246
464,164 16,893,993 49,148,314 3,689,982 57,409,101 6,349,162 1,638,467 1,156,700 2,047,261
433.280 160,792,512

540,850 5,509,940 8,199,303
470,802 2,809,246
0 0 12,885,843 0 5,850,000 0 0 0 0 433.280 36,699,264

THURSDAY, MARCH 4, 1993

1375

B. Budget Unit: Georgia Building Authority ....................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay..................................................................,..............! Utilities.............................................................................................! Contractual Expense .....................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 18,939,392 5,265,584
19,700 434,500 221,410 108,600
17,500 158,886 265,000
0 7,240,000
356,800 Q
33,027,372 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

1,402,690 5,224,225 4,064,128 5,622,425
383,786 4,454,562 10,098,197 1,777,359
0 33,027,372

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials..............................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture ...................................,,$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................!

33,540,124 29,214,717 4,079,695
915,170 379,616 396,337 281,807 787,510

1376

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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.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

395,000 1,173,236
860,000
2,470,000
1,941,400 412,000 127,000 175,000
569,650
750,000 0
40.000 45,028,138 33,540,124

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

5,260,406 6,902,727 1,699,735 3,193,516 3,283,816 2,033,062 2,929,131
7,805,216 3,891,566 5,036,042
656,360 2.336,561 45,028,138

4,954,406 6,646,727 1,647,735 3,068,516 2,894,316 2,033,062 2,795,731
4,905,673 1,316,955 1,414,442
0 1,862,561 33,540,124

B. Budget Unit: Georgia Agrirama Development Authority.........................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 795,000 189,361
6,000 23,000 10,000 2,250
0 7,500 13,939 75,000 104.500 1,226,550
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking

THURSDAY, MARCH 4, 1993

1377

and Finance .............................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

6,248,874 299,000 316,330 78,000 44,458 290,500 248,700 54,506 5,000
7,585,368 7,585,368

Section 15. Department of Children and Youth Services.
Budget Unit: Department of Children and Youth Services.........................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Institutional Repairs and Maintenance.......................................? Grants to County-Owned Detention Centers.............................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

83.041.517 59,614,903 4,276,500
704,800 271,480 312,695 486,431 1,313,800 673,600 1,927,800 1,979,900 1,161,600 2,686,400 9,288,508 182,400 84,880,817 83,041,517

Children and Youth Services Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
MilledgeviUe 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

21,180,464 10,695,484 7,839,418 4,409,298 4,738,127 14,329,468 3,043,100
911,500 806,904 10,096,428
821,780
463,400
5,545.446 84,880,817

20,451,064 10,295,784 7,501,118 4,247,498 4,528,027 14,329,468 3,043,100
911,500 806,904 10,096,428
821,780
463,400
5,545,446 83,041,517

Section 16. Department of Community Affairs.

1378

JOURNAL OF THE HOUSE,

Budget Unit: Department of Community Affairs .................................................$
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)..........................................................................! Educational Vouchers.....................................................................! Payments to Music Hall of Fame
Authority......................................................................................! Payments to Sports Hall of Fame................................................! Local Development Fund...............................................................! Payment to State Housing Trust Fund.......................................! Payment to Georgia Housing Finance
Authority......................................................................................! Payment to Georgia Environmental
Facilities Authority.....................................................................! Regional Economic Business Assistance
Grants............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,671.996 5,422,891
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0
2,272,825 1,420,000
94,731
30,000,000 250,000
157,323 50,000 750,000 4,625,000
3,000,000
1,686,111
1.000,000 52,117,420 19,671,995

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

16,239,507 1,467,768 32,036,289 2,373,856 52,117,420

14,954,207 1,467,768 1,036,702 2.213.318 19,671,995

Section 17. 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.......................................................................................!

559.039,086 391,510,996 55,409,743
2,396,550 4,092,082 3,772,068 6,164,139 5,299,932 5,228,803 4,696,615
447,000 17,648,012
575,000

THURSDAY, MARCH 4, 1993

1379

County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ Payments to Public Safety for Meals ..........................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................$ Payments to MAG for Health
Care Certification ........................................................................$
University of Georgia - Cooperative Extension Service Contracts......................................................$
Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................? Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................$

13,870,000 3,017,200
886,000
3,766,755
1,331,900 444,500
1,740,000 47,466,726
55,000
332,060 1,304.300 571,455,381
450,000 0
559,039,086

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

54,281,317 419,641,365 97,532.699 571,455,381

?

53,778,707

? 418,519,365

?

86.741.014

? 559,039,086

B. Budget Unit: Board of Pardons and Paroles......................................................................?
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? County Jail Subsidy........................................................................? Health Services Purchases.............................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

37.029.608 30,039,532
1,202,084 691,100 81,000 187,720 512,772
2,526,400 861,500 272,500 650,000 5.000
37,029,608 37,029,608

Section 18. Department of Defense. Budget Unit: Department of Defense................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

3,824.731 6,833,106 4,291,541
21,960 13,000 23,000 14,100 4,740 74,108 565,900 266.000 12,107,455 3,824,731

1380

JOURNAL OF THE HOUSE,

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

$

1,288,634

4,476,647

6,342,174

12,107,455

1,120,086 506,931
2,197,714 3,824,731

Section 19. State Board of Education Department of Education.
A. 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 ....................................................$ Other Categorical Grants: Equalization Formula.....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional
Assistance .....................................................................................$ Middle School Incentive ................................................................$ Special Education
Low - Incidence Grants..............................................................$ Non-QBE Grants:
Education of Children of Low-Income Families..................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped...................................................................$

3,126,387,442
37,105,356 4,126,626 1,087,967
109,500 421,823 7,010,846 1,471,304 1,180,382 15,224,192 742,880 50,000
753,531,667 715,965,525 294,622,175 124,613,856
100,756,134 275,159,949 38,022,413 58,760,866
28,891,019 87,006,632 596,369,241 128,954,014 (615,762,984)
0
142,801,545 3,609,604 21,059,624
51,005,135 51,755,114
416,000
186,500,970
4,950,000
36,176,572

THURSDAY, MARCH 4, 1993
Tuition for the Multi-Handicapped.....................................................................$
Severely Emotionally Disturbed......................................................................................!
School Lunch (Federal)..................................................................? School Lunch (State)......................................................................$ Supervision and Assessment
of Students and Beginning Teachers and Performance-Based Certification..................................................................................? Regional Education Service Agencies ........................................................................................$ Georgia Learning Resources System...........................................................................................? High School Program .....................................................................$ Special Education in State Institutions.........................................................................? Governor's Scholarships.................................................................? Advanced Placement Exams....................,....................................? Job Training Partnership Act.......................................................? Vocational Research and Curriculum............................................................................? Even Start........................................................................................? 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 ..................................................................? Education of Homeless Children/Youth............................................................................? 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.............................................................................? Nutrition Education.......................................................................? Total Funds Budgeted....................................................................?
Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

1381
2,960,451
36,105,108 136,568,755 23,908,943
1,500,000
6,746,192
2,766,212 18,041,235
3,991,103 2,702,000
0 3,084,680
248,270 0
10,645,182 5,007,912
911,019 4,025,581
22,934,480
10,783,825
11,701,897
0 2,450,000
0
6,924,763 11,841,909
119,012
223,824
3,715,615
232,000
90,047,892 13,782,520 1,000,000
65.000 3,588,731,327
340,000 3,126,387,442

1382

JOURNAL OF THE HOUSE,

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

$

6,188,056

$

19,469,455

$

1,158,966

$

18,906,232

$

5,884,043

!

836,487

$ 3,520,200,451

4,794,698 6,473,949

4.818,990 3,588,731,327

!

5,872,050

!

14,023,311

!

1,047,764

!

14,367,907

!

2,463,620

!

836,487

! 3,072,552,471

4,605,697 6,282,662

4,335.473 3,126,387,442

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$
Computer Hardware/Software in Classrooms ...............................................................................$
Next Generation Schools ...............................................................$ Distant Learning - Satellite Dishes..............................................! Postsecondary Options ...................................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted ................................................................$

62.317.678 37,100,000
10,310,000 2,000,000 12,304,078
603,600 62,317,678 62,317,678

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment....... .................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Benefits to Retirees........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

165,570 1,553,491
325,263 15,000
0 26,524 590,710 315,749 25,310 1,026,000
0 3,878,047
165,570

Section 21. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Ware County Grant........................................................................! Ware County Grant for Southern
Forest World................................................................................! Ware County Grant for Road Maintenance ...............................$

32.980.535 27,388,183 5,075,056
150,185 1,212,005 1,800,000
211,061 52,245 1,015,119 427,797
0
30,000 60,000

THURSDAY, MARCH 4, 1993

1383

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

37,621,651 32,980,535

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,650,394

$

32,072,696

$

3,898,561

$

37,621,651

$

0

$

29,271,974

$

3,708,561

$

32,980,535

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment..................... ...................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased. .......................................................................$ Capita] Outlay .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

37,061,611 27,947,219 2,356,685
476,600 556,160 546,870 1,447,900 1,868,817 736,060 649,300 476,000
0 37,061,611 37,061,611

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,121,920

$

8,682,636

$

10,957,981

$

6,545,331

$

7,753,743

$

37,061,611

$

3,121,920

$

8,682,636

$

10,957,981

$

6,545,331

$

7,753,743

$

37,061,611

Section 23. 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..................................................!

25,105,075 12,855,490
865,888 255,595 15,000 104,531 506,880 973,937 306,419 25,729,533 3,037,100 40,000 3,250,000 160,000 2,857,357 511,515 42,800

1384

JOURNAL OF THE HOUSE,

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................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

0 290,975 1,144,625
603,200
100,000 432,000 1,044,200
0 60,000 55,187,045 25,105,075

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

6,487,100
871,538
5,700,803 4,032,670 2,241,958 24,820,072
362,389
526,513
840,313
1,753,085 265,609
3,310,673
3,674,322
300,000 55,187,045

*

6,487,100

$

766,538

$

5,700,803

$

3,217,076

*

2,241,958

$

303,151

94,963

526,513

352,664

498,085 265,609

3,310,673

1,039,942

300,000 25,105,075

Section 24. 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

585,163,163
43,965,059 1,834,565 1,170,227 1,279,129 74,190 4,650,570 732,614 895,067 629,113 244,000 20,857,547 30,989,953

THURSDAY, MARCH 4, 1993

1385

and Maintenance .........................................................................$ Postage..............................................................................................$ Payments to DMA-Community
Care ...............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

62,500 932,445
13.054.342 121,371,321
412,600 71,377,582

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Office of Children
and Youth Administrative Support
Services Facilities Management Administrative Appeals Regulatory Services -
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

881,895 1,994,593
20,857,547
16,584,397 5,271,528 1,638,937
603,814 2,686,523
7,260,481 5,833,726 5,281,531 1,713,395 1,654,439
0 448,662 47,144,609
1.515,244 121,371,321

881,895 1,994,593
18,087,124
15,289,450 3,677,875 1,638,937
593,814 2,686,523
2,082,940 793,653
5,081,531 1,713,395 1,654,439 (8,049,105)
448,662 21,366,612
1.435.244 71,377,582

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...............................................................! Institutional Repairs

47,726,587 71,520,666
944,450 15,578 118,541
1,085,055 4,128,049
671,354 725,447 7,933,321 308,000 3,200,000
960,000 646,222 656,000 663,609 11,930,604 75,539,249

1386

JOURNAL OF THE HOUSE,

and Maintenance ......................... 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
Maternal and Child 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
Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Public Health -
Division Indirect Cost

$

11,069,871

1,005,618

1,373,948

1,957,646

3,580,757

5,363,033

3,718,621 7,009,011 71,291,499 50,191,597 12,885,010 2,913,138 1,707,290
596,222 782,372

3,499,331

$

996,764

$

1,356,765

$

2,537,885

$$$

1,038,985 492,710
4,215,322

$

816,891

$

285,717

$

1,571,602

$

1,766,832

$$

896,481 1,138,808

$$ $$

5,394,415 3,458,537
449,287 6,966,939

$

11,237,625

$

3,068,190

$

2,884,380

$

172,566

$

0

32,100 139,072
747.761 229,691,665
549,718 118,638,584

State Funds

10,940,196 730,463
1,163,773

1,427,646

3,186,028

5,251,033

306,886
3,904,847
0
48,093,109 7,885,010 1,856,590 1,347,795
434,090 0

3,053,293

$

675,053

$

530,397

$

1,397,232

$

1,038,985

$

492,710

$

4,215,322

$

619,666

$

285,717

$

1,438,001

$

1,549,536

$

673,663

$

964,891

$

5,274,415

$

1,275,844

$

360,650

$

3,488,944

$

1,305,471

$

2,289,354

$

1,830,280

$

155,251

$

(803.557)

THURSDAY, MARCH 4, 1993

1387

Total

$ 229,691,665

$ 118,638,584

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..............................

.....$

65,047,862

......$

10,898,160

.....$

800,856

......$

58,090

.....$

536,650

.....$

3,710,863

.....$

6,416,726

.....$

1,764,686

.....$

1,468,683

,,...$

18,018,605

.....$

27,000

.....$

675,500

,....$

8,504,833

.....$

145,550

......$

903,615

.....$

533,322

......$

119,511,001

.....$

100,000

.....$

20,814,341

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

$

38,669,034

$

601,805

$

488,503

$

1,643,317

$

7,209,310

$

6,850,859

$

981,176

$

3,193,375

$

684,795

$

26,957,312

$

11,956,475

$

20,275,040

$ 119,511,001

$

8,430,337

$

385,305

$

169,813

$

800,783

$

2,856,033

$

1,370,172

$

0

$

1,065,111

$

684,795

$

0

$

786,692

$

4,265,300

$

20,814,341

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 .............................................

.....$

38,001,106

......$

3,351,514

.....$

671,953

.....$

0

.....$

266,618

.....$

2,012,431

,.....$

11,374,917

......$

24,120,782

.....$

4,050,377

......$

1,049,584

,......$

494,074,449

1388

JOURNAL OF THE HOUSE,

Special Purpose Contracts........ Service Benefits for Children ... Purchase of Service Contracts .

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 Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery 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 Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

347,251 3,419,643 5,769,692 3,642,574 11,583,899 1,199,218 1,688,716 26,992,649 40,382,082 479,162,389
100 2,799,421 12,966,539
99,213,336
74,677,218 2,907,954
7,379,845
50,166,896
8,994,458 20,975,278 2,850,000 35,202,709 6,627,820 2,261,063 6,903,437 68,000,000
144,817 1,012,316
1,215,511 0
978,486,831

Budget Unit Object Classes: Personal Services.....................
Regular Operating Expenses. Travel........................................
Motor Vehicle Purchases ....... Equipment................................ Real Estate Rentals................

3,841,738

135,596,430

16,324,657

3,318,522

240.431.753

978,486,831

...$

2,565,582

...$

374,332,656

State Funds
347,251 3,419,643 4,580,019 3,642,574
908,378 1,199,218 1,515,900 11,670,608 3,014,229 180,310,220
100 0 0
49,458,553
25,385,529 0
1,948,918
23,097,234
3,375,119 8,519,151 2,262,574 23,294,863 5,165,725 2,117,072 5,373,591 18,675,285
144,817 988,407
1,215,511 (7.297,833) 374,332,656
194,740,614 87,604,905 3,587,486 1,352,797
995,999 11,458,919

THURSDAY, MARCH 4, 1993
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 and Institutions...............................................................! 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.........................................................................! Substance Abuse Community Services...................................................................! Mental Retardation Community Services...................................................................! Mental Health Community Services.........................................................................................!
Community Mental Health Center Services............................................................................!
Special Purpose Contract...............................................................! Total Funds Budgeted....................................................................!

1389
22,652,306 27,451,889 6,873,620 7,933,321
308,000 3,200,000
960,000 646,222 18,018,605 27,000 656,000 1,049,584 494,074,449 5,424,847
156,453,977
67,750,047 75,539,249
240,150 903,615 4,923,361 13,054,342
747,761
240,431,753
439,713,079 347,441,947 37,709,681
304,650 472,300 1,794,306 4,542,036 252,637 2,375,596 8,433,825 11,745,300
0
1,722,000
46,615,557
94,815,100
25,777,300
56,112,582 294,118
640,408,935

1390

JOURNAL OF THE HOUSE,

Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

2,404,100 439,713,079

Community Mental Health/Mental Retardation 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 Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Total

$

45,080,596

31,599,268

33,129,726

24,912,315

30,240,638

31,004,598 138,399,423

25,205,473

48,138,506

23,731,675 3,529,132

10,351,462

4,716,069

73,397,500 25,434,000

744,270 521,000 1,094,000
56,112,582 380,300
1,429,513
283,500 343,300
4,130,000
15,722,400

93,600 10,684.089 640,408,935

25,331,095 13,388,168
26,127,945
20,362,312
22,535,908
23,272,235 83,270,910
19,137,073
23,571,006
18,709,483 2,648,855
10,230,162
2,888,269
45,498,785 20,437,200

$

744,270

$

521,000

$

1,094,000

$

51,359,282

$

380,300

$

1,234,013

$

283,500

$

343,300

$

4,130,000

$

15,722,400

93,600 6.398.008 439,713,079

Section 25. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ............................................................$
Personal Services.............................................................................$

16.856.580 7,913,338

THURSDAY, MARCH 4, 1993

1391

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
Lease Rentals...............................................................................$ Foreign Currency Reserve..............................................................$ Waterway Development in Georgia..............................................? Lanier Regional
Watershed Commission ..............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1,401,008 290,000 32,000 61,800 102,452 914,597 217,629 678,981 129,500
4,024,578
1,445,000 69,297 0
0 780,000 18,060,180 16,856,580

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

7,861,813

$

4,009,563

$

895,143

$

5,293,661

$

18,060,180

$

7,038,213

$

3,849,563

$

895,143

$

5,073,661

$

16,856,580

Section 26. Department of Insurance. Budget Unit: Department of Insurance .............................................$
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

14,084,978 12,285,610
706,912 394,214 72,000 70,820 409,010 611,762 286,025 240,000
0 15,076,353 14,084,978

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

?

4,384,441

?

5,823,509

?

445,974

?

4,422,429

?

15,076,353

?

4,384,441

?

5,823,509

?

445,974

?

3,431,054

?

14,084,978

Section 27. Department of Labor. Budget Unit: Department of Labor....................................................?

6,073,736

1392

JOURNAL OF THE HOUSE,

Personal Services... .................. Regular Operating Expenses .
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....................................................................*

65,476,948 5,121,799 1,060,000
0 470,064 8,650,000 2,184,981 1,133,232
69,282,639
2,938,892 0
1,774,079 4,270,000 162,362,634 6,073,736

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

26,323,387
136,039,247 162,362,634

3,233,950
2,839.786 6,073,736

Section 28. Department of Law. Budget Unit: Department of Law.......................................................$
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals .........................................,..............................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Books for State Library .................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

9.088.289 8,303,349
478,000 110,000
0 28,640 161,935 412,920 114,312 60,000 140,000 9,809,156 9,088,289

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................*
Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Medicaid Benefits, Penalties
and Disallowances.......................................................................* Payments to Counties for Mental Health...................................* Audit Contracts...............................................................................* SFY 1993 Medicaid Benefits,

1,053,837.144 14,872,516 3,592,193 104,200 0 46,789 19,319,681 581,812 425,000 65,004,280
2,844,707,307 50,530,241 772,500

THURSDAY, MARCH 4, 1993

1393

Penalties and Disallowances ......................................................? Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

57,374,067 3,057,330,586 1,053,837,144

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 Operations Total

$

1,071,532

2,952,611,615 1,088,772 21,149,863 4,206,339 4,461,844

9,114,138 472,586
63.153,897 3,057,330,586

535,035
1,035,495,094 417,536
5,980,747 1,954,783 1,713,370
4,392,249 149,705
3,198,625 1,053,837,144

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits .............................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

120,692,764 0
321,249,258 321,249,258 120,692,764

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration........................................................? Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Equipment........................................................................................? Real Estate Rents...........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Health Insurance Payments..........................................................? Total Funds Budgeted....................................................................? Other Agency Funds.......................................................................? Agency Assessments........................................................................? Employee and Employer Contributions......................................? Deferred Compensation..................................................................? State Funds......................................................................................?

0 8,366,183 1,683,552
82,440 37,818 908,271 111,873,969 3,067,474 283,698 737,540,729 863,844,134 84,121 9,937,082 853,675,731 147,200
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

1,655,773 2,519,602
1,253,775 1,311,122
1,323,522
31,797,621 820,970,637

1394

JOURNAL OF THE HOUSE,

Internal Administration Total

$

3.012,082

$

$ 863,844,134

$

Section 31. 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 ..............................................................$ 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 ................................................................> Hazardous Waste Trust Fund.......................................................$ Solid Waste Trust Fund ................................................................$ 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 .................................................................$ Receipts from Lake Lanier Islands

0 0
65,738,302
61,854,872 12,129,198
427,250 1,785,081 2,691,860 2,180,016 2,108,221
962,000 1,047,587
190,000 150,000 2,450,000
1,156,960 2,190,000
225,000
700,000 300,000 1,300,000 30,000
0
400,000
800,000 0
234,330 0
50,000 106,513
170,047 80,000 89,340
300,000
0 4,300,000 3,000,000
2,280,007 5,000
105,693,282
1,034,594
4,234,585

THURSDAY, MARCH 4, 1993

1395

Development Authority ..............................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

3,362,900 200,000
65,738,302

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

$

6,550,800

$

36,814,849

$

2,199,102

$

29,009,108

$

31.119.423

$ 105,693,282

$

6,550,800

$

10,934,820

$

2,088,602

$

24,734,358

$

21,429,722

$

65,738,302

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ....................................................,,! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,730,931 1,499,806
30,000 12,000 85,000 34,000
0 34,500 598,770
0 4,025,007
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

4,025,007

!

0

Section 32. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses .......................................................,,!

85.710,181
48,364,683 7,043,570
109,800 3,535,000
483,695 0
7,400 593,000 367,150
150,000 0
60,654,298 150,000
60,504,298
18,777,503 1,959,000

1396

JOURNAL OF THE HOUSE,

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....................................................................!

12,800 0
106,380 3,516,000
53,300 602,500 190,000
0 290,000
30,000 1,168,400 26,705,883 1,500,000 25,205,883

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

14,103,043 26,705,883 46.551,255 87,360,181

14,103,043 25,205,883 46,401,255 85,710,181

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................,...............................$ Peace Officers Training Grants ....................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................,...............................! State Funds Budgeted....................................................................!
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13,284,831
6,927,646 2,596,360
87,300 54,500 110,250 339,000 99,105 138,350 620,100 3,113,500
0 14,086,111 12,999,111
398,976 25,430 9,828
0 1,500 36,000 80,524 3,800 7,500 3.500.000 4,063,558 285,720

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety

!

4,063,558

!

285,720

THURSDAY, MARCH 4, 1993

1397

Georgia Peace Officers Standards and Training
Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Georgia Public Safety Training Facility Total

5,075,316 1,042,656 1,126,702
450,143
6,391.294 18,149,669

5,075,316 977,656
1,026,702
450,143
5,469.294 13,284,831

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees' Retirement System.............................$ Employer Contributions.................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,629,000 479,000
9,150,000 9,629,000 9,629,000

Section 34. Public Service Commission. Budget Unit: Public Service Commission..........................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,335.947 6,445,943
372,515 200,050 158,400 78,412 439,090 344,154 118,787 2.099,000 10,256,351 8,335,947

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,619,212 3,233,123 5.404,016 10,256,351

1,619,212 1,482,619 5.234.116 8,335,947

Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................! Personal Services:
Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium......................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................!

883,817,705
974,170,312 120,000,000
215,786,044 140,000,000
9,558,094 306,138 334,702 313,687
7,950,000 300,000
1,468,718,977

1398

JOURNAL OF THE HOUSE,

Departmental Income .....................................................................$ Sponsored Income...........................................................................? Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$

35,000,000 260,000,000 286,873,972
3,027,300 883,817,705

B. Budget Unit: Regents Central Office and Other Organized Activities....................................$
Personal Services: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................$ Fire Ant and Environmental Toxicology Research ...................................................................$ Agricultural Research.....................................................................? Advanced Technology Development Center ...................................................................$ Capitation Contracts for Family Practice Residency.........................................................$ Residency Capitation Grants.........................................................? Student Preceptorships..................................................................? Mercer Medical School Grant .......................................................$ Morehouse School of Medicine Grant............................................................................$ Capital Outlay .................................................................................$ 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....................................................................?

146.290.024
240,503,812 68,545,719
123,428,873 42,869,254
0 1,906,476
1,550,621
2,700,999 2,412,495
146,403 5,947,000
4,706,000 0
2,154,439 6,266,550 1,124,488
600,000 200,000
870,370
206,780
6,856,657 512,996,936
0 113,196,449 252,954,763
555,700 146,290,024

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute

1,742,947
3,730,743 1,278,554
126,450,928

1,206,159
1,399,854 877,831
12,097,852

THURSDAY, MARCH 4, 1993

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

8,101,231 50,888,982 43,793,512 224,179,321
2,491,514 2,625,911 16,714,460 2,719,756 7,208,497 21,070,580 $ 512,996,936

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund...................................................................................! Capital Outlay - GPTV..................................................................$ Distant Learning - Satellite Dishes..............................................! Research Consortium - Equipment..............................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

Section 36. Department of Revenue. Budget Unit: Department of Revenue...............................................!
Personal Services.................................-...........................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases .............................................................,,! Equipment........................................................................................! Computtr Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement
andFICA......................................................................................! Grants to Counties/Appraisal Staff..............................................!
Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

1399
2,075,031
32,590,329
26,135,155
29,206,928
2,491,514
474,622
16,714,460
0
51,524 20,968,765 146,290,024
0 6,658,618 8,521,661 15,180,279 15,180,279
0
20,121.512
7,500,000 2,021,512
400,000 10,200.000 20,121,512 20,121,512
77,274,017 51,510,238 4,420,138
1,368,174
37,800
788,500 10,553,750 2,713,206
750,491 770,376
3,132,300 0
2,439,610 3,400,704 81,885,287 3,845,000 77,274,017

1400

JOURNAL OF THE HOUSE,

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

6,342,435 10,681,228 9,282,044 16,735,093 7,869,232 14,910,943 6,727,918 4,072,231 4,127,338
46,000 1.090,825 81,885,287

6,342,435 10,481,228 8,466,844 16,435,093 7,169,232 13,610,943 6,727,918 3,105,961 3,797,538
46,000 1,090,825 77,274,017

Section 37. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services........................... Regular Operating Expenses ....... Travel.............................................. Motor Vehicle Purchases............. Equipment...................................... Computer Charges......................... Real Estate Rentals...................... Telecommunications..................... Per Diem, Fees and Contracts.... Election Expenses ......................... Total Funds Budgeted.................. State Funds Budgeted..................

23,043.894 15,221,911 2,464,414
206,350 154,064 179,667 1,187,775 2,344,377 323,686 1,140,650 700,000 23,922,894 23,043,894

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 State Examining Boards Total

$

3,255,560

$

4,340,710

$

4,493,282

$

1,511,072

$

953,154

$

288,046

$

9,081,070

$

23,922,894

3,225,560 4,265,710
3,893,282
1,491,072 899,154 288,046
8.981,070 23,043,894

B. Budget Unit: Real Estate Commission.. Personal Services....................................... Regular Operating Expenses................... Travel.......................................................... Motor Vehicle Purchases ......................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals.................................. Telecommunications ................................. Per Diem, Fees and Contracts................ Total Funds Budgeted.............................. State Funds Budgeted ..............................

1,080,151 162,600 16,000 11,000 16,850 247,455 113,700 26,180 132,750
1,806,686 1,806,686

THURSDAY, MARCH 4, 1993

1401

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

$

1,806,686

Cost of

Operations

$

1,846,686

Section 38. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission..............................................................?
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ County Conservation Grants.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1,834,715 937,884 176,755 45,000 35,556 12,000 7,850 59,000 17,520 661,150 418,000
2,370,715 1,834,715

Section 39. Student Finance Commission. A. Budget Unit: Student Finance Commission.................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................?
Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................?
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................?
Payment of Interest and Fees.......................................................? Guaranteed Educational Loans.....................................................? Tuition Equalization Grants .........................................................?
Student Incentive Grants...............................................................?
Law Enforcement Personnel Dependents' Grants....................................................................?
North Georgia College ROTC Grants..........................................? Osteopathic Medical Loans ......................................................_...$
Georgia Military Scholarship Grants ...........................................$ Paul Douglas Teacher Scholarship Loans...................................?
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

25.830.119 4,603,187
397,851 81,800
0 18,500 371,000 146,000 42,757 24,763
0 4,076,000 17,511,740 5,003,940
38,000 79,500 160,000 501,740 425,000 33,481,778 25,830,119

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

?

5,178,917

?

0

?

27,795,920

?

506,941

?

33,481,778

?

0

?

0

?

25,323,178

?

506,941

?

25,830,119

B. Budget Unit: Lottery for Education..............................................?

34.643,410

1402

JOURNAL OF THE HOUSE,

Hope Financial Aid.........................................................................$ Tuition Equalization Grants .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

29,094,918 5,548.492 34,643,410 34,643,410

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Retirement System Members ........................................................$ Floor Fund for Local Retirement Systems .................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

3,800.000
3,384,465
347,750 26,650
0 12,400 1,000,569 399,000 70,000 365,500 3,200,000 600.000 9,406,334
3,800,000

Section 41. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education ..............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ 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....................................................................?

129.925.158 3,608,451 368,013 108,250 0 15,000 566,826 339,900 135,630
604,500 90,266,234 19,642,056
790,000 6,015,059 23,540,115 2,628,788 10.672.758 159,301,580 129,925,158

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,746,570 153,555,010 159,301,580

3,938,775 125.986.383 129,925,158

B. Budget Unit: Lottery for Education.. Special Education Equipment........... Distant Learning - Satellite Dishes.. Computer Hardware and Software... Capital Outlay - Computer Labs...... Capital Outlay - Adult Literacy........

7.917.400 200,000 320,000
1,373,400 2,544,000 3,480,000

THURSDAY, MARCH 4, 1993

1403

Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

7,917,400 7,917,400

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts.......................................................................................! Capital Outlay .................................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements ........................................................$
Capital Outlay - Airport Development................................................................................!
Mass Transit Grants.......................................................................! Harbor Maintenance/
Intra-Coastal Waterways Maintenance and Operations.............................................................................! Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction......................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

437,457,647 229,693,665 59,351,587
1,497,910 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365
47,353,845 645,616,019
1,024,100
1,017,500 14,289,181
680,000
0 1,015,494,733
437,457,647

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

! 729,180,617

! 231,941,331

!

9,600,000

$

22.469.481

! 993,191,429

! 178,669,188

$ 220,741,331

$

9,000,000

$

21,889,481

$ 430,300,000

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and
State Institutions Air Transportation
Inter-Modal Transfer Facilities
Harbor/Intra-Coastal Waterways Activities
Total

!

0

!

1,510,219

!

20,113,085

!

680,000

!

22,303,304

!

0

!

1,150,219

!

5,327,428

$

680,000

!

7,157,647

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service.................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!

22,359,657 4,499,576
112,500
71,200 0
83,000

1404

JOURNAL OF THE HOUSE,

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....................................................................!

7,300 236,000 56,500 24,000
16,123,278
6,188,921
719.000 28,121,275 22,359,657

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,019,576
16,336,578
6,765.121 28,121,275

4,759,961
12,547,776
5.051.920 22,359,657

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board...................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payments to State Treasury..........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9.501,000 6,678,146
309,620 62,000
0 9,200 314,073 938,619 125,000 272,500 1.000.000 9,709,158 9,501,000

Section 45. 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).........................................................!

307,306,608
54.700.000 362,006,608

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New)............................................................! Motor Fuel Tax Funds (New)............................................................!

80,632,640
0 80,632,640

THURSDAY, MARCH 4, 1993

1405

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations 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 oper ation of the National Center for State Courts.
Section 47. 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 48. 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 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 16, 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 55. Provisions Relative to Section 17, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court

1406

JOURNAL OF THE HOUSE,

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.
Section 56. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,638.66. 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 19, 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 19, 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 1994 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 1994 that it contributed during SFY 1993.
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 Department of Education accumu late empirically-based data to support educational research and program evaluation.

THURSDAY, MARCH 4, 1993

1407

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.
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.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office ofPlanning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be used for first grade programs in schools which had pilot kindergarten programs in Fiscal
Year 1993.

Section 57. Provisions Relative to Section 21, 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
pilation, publication and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications.

Section 58. Provisions Relative to Section 23, 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 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

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.

1408

JOURNAL OF THE HOUSE,

The Department is authorized to expend funds on the following programs in Fiscal Year 1994 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.
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. 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.
Section 60. Provisions Relative to Section 28, 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 29, 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 is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 62. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $169.50 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1994 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1994 shall not exceed 8.66%.
Section 63. Provisions Relative to Section 31, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 31 (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 31.

THURSDAY, MARCH 4, 1993

1409

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 up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 32, 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.
It is the intent of this General Assembly that the Department purchase full-size pur suit vehicles.
Section 65. Provisions Relative to Section 35, 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.
Provided, that of the above amount, $5,250,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Provided, that of the above amount appropriated for the Equipment, Technology and Construction Trust Fund, $1,000,000 is appropriated to match public/private contributions for educational and agricultural equipment to functions in Budget Unit "B", $2,166,666 is appropriated as non-matching equipment funds for senior colleges and regional universities and $4,333,334 is appropriated to match public/private contributions for equipment at col leges and universities.
Section 66. Provisions Relative to Section 36, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate the six teen counties to be provided with on-line access to the current state motor vehicle com puter system.
Section 67. Provisions Relative to Section 37, Secretary of State. Pro vided, that of the funds appropriated for State Examining Boards, $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.
It is the intent of this General Assembly that the Examining Boards Division of the Office of Secretary of State make provisions for enforcement of the rules and regulations of the Auctioneer's Commission.
Section 68. Provisions Relative to Section 41, Department of Technical and Adult Education. None of the State funds appropriated in Section 41 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, $35,000.00 is designated and commit ted solely for Board Member Training.
Section 69. Provisions Relative to Section 42, 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:

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JOURNAL OF THE HOUSE,

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budget ary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department 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 $430,300,000 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 70. In addition to all other appropriations for the State fiscal year ending June 30, 1994, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,120,000 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 ($9,000,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of pro viding 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

THURSDAY, MARCH 4, 1993

1411

amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 71. 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 72. 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 73. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. 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 75. 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 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.

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JOURNAL OF THE HOUSE,

Section 77. 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 78. (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 1993 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 Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropria tions shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 79. 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 80. 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.

THURSDAY, MARCH 4, 1993

1413

Section 81. Provisions Relative to Section 45 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Local School Construction and Planning Grants
Construction of Public Libraries
Construction of Children's Medical Center at Medical College of Georgia and Agricultural Livestock/ Poultry Facilities and Biocontainment Research Center at the University of Georgia
Major Repairs and Renovation Projects at Board of Regents Facilities
Classrooms and Facilities, Equipment and design funds for Technical and Adult Education
Low Interest Loans to Local Governments for Water, Sewer and Wastewater Treatment Projects
Construction of Laboratory, Renovation of Existing Facility, and Equipment Purchases at the Herty Foundation
Construction and Equipment funds for the Georgia Music Hall of Fame and Planning Funds for Sports Hall of Fame
Reimburse Georgia Ports Authority for the Savannah Harbor Deepening Project
Governor's Road Improvement Program
Acquisition and Rehabilitation of Various Railroad Lines
Second Year Funding for the Governor's Preservation 2000 Land Acquisition Program
Construction of Cottages at Milledgeville and Augusta Youth Development Centers
Replacement of HVAC Systems at Department of Human Resources' Facilities
Redevelopment and Construction at Women's Correctional

Principal Amount
151,170,000
3,765,000

Debt Service
14,512,320
361,440

80,100,000 27,810,000 32,210,000
20,000,000
3,200,000
6,700,000 13,500,000 125,000,000 1,700,000 20,000,000 4,115,000 5,075,000

7,689,600 2,669,760 3,092,160
1,920,000
307,200
643,200 1,296,000 12,000,000
163,200 1,920,000
395,040 487,200

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JOURNAL OF THE HOUSE,

Facilities Construction of Phase II Support
Facilities at Department of Corrections' Institutions Renovation of the Atlanta Bank Tower Phase II of Capitol Fire Code Renovations Construction of Facilities at Tifton Veterinary Diagnostic Laboratory Renovation and Expansion of Jekyll Island Authority's Convention Center and Creation of New Golf Course (Payback Project) Design and Construction of New Park in North Georgia (Payback Project) Purchase of two Container Cranes and Initiation of Phase I Development for Container Berth 7 at Garden City (Payback Project) Construction of Student Housing at Georgia Tech (Payback Project) Construction of Dormitory at Gordon College and Parking Decks at Georgia Tech and Georgia State University (Payback Project) First Phase of Redevelopment at Stone Mountain Park (Payback Project) Facility at Southern Technical Institute (Paycheck Project)

4,800,000 2,600,000 15,000,000 2,225,000 3,710,000
7,500,000 18,500,000
24,665,000 113,000,000
14,000,000 22,000,000 2,500,000

B.) Maturities not to exceed sixty months.

Purchase of Equipment for Vocational Education
Student Information Hardwaqre in 217 High Schools
Repairs and Renovations at Technical and Adult Education Institutions
Purchase of Equipment for Technical Institutions Infrastructure Repair, Maintenance and Renovation Projects for State Parks, and Sapelo and Ossabaw Islands
Second-Year Funding for the Georgia Research Alliance
Plumbing, Electrical and Utility Renovations and Replacement at Department of Human

7,100,000 6,950,000 2,500,000 3,500,000
2,500,000 3,400,000

460,800 249,600 1,440,000 213,600 355,200
720,000 1,776,000
2,367,840 10,848,000
1,344,000 2,112,000
240,000
1,661,400 1,626,300
585,000 819,000
585,000 795,600

THURSDAY, MARCH 4, 1993

1415

Resources' Facilities Replacement of Roofs at
Department of Human Resources' Facilities Major Building Renovations at Department of Human Resources' Facilities Start-up Equipment at Lee Arrendale, New Prisons and and Diversion Centers at Gainesville and Macon Replacement and expansion of UNISYS Mainframe Disk Storage Equipment for use by the Georgia Bureau of Investigation and Department of Corrections

1,900,000 1,580,000 1,445,000 15,765,000
575,000

444,600 369,720 338,130 3,689,180
134,550

Section 82. Cost-of-Living In addition to all other appropriations, there is hereby appropriated $49,256,187 for the following purposes: 1.) To provide an increase of 2.5% for employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anniversary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To add an L-5 longevity factor and to provide for a 1.75% salary adjustment for State-paid school bus drivers and lunchroom workers effective July 1, 1993. 3.) To provide an increase of 2.5% for each State official (excluding the members of the General Assembly) 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 Sec tion 45-7-4.
Provided, the appropriation relative to Section 35, Board of Regents, University Sys tem of Georgia, $17,129,619 is included to provide a 2% formula funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1993 for nonacademic personnel and September 1, 1993 for academic personnel.

Section 83. Workers' Compensation Premium Increases. In addition to all other appropriations, there is hereby appropriated $14,067,750 to provide adequate cover age for employees of State agencies, authorities, commissions and boards, as well as county health departments.

Section 84. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1994....................................................................$

8,948,692,764

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.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 259, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 259 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

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JOURNAL OF THE HOUSE,

Representative Bunn of the 74th moves to amend the Committee substitute to HB 259 by removing from the State funds budgeted for the Cost-of-Living Activity in Section 82 relating to State Fiscal Year 1994 the figure $ (not listed) and by decreasing object classes as listed below:
Line 14-16 p. 74 delete
3) To provide an increase of 2.5% for each state official.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

YAshe
Y Atkins N Bailey N Baker
Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefleld N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks,D N Brooks/I
Brown NBuck
N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell
N Carter N Cauthorn
N Chambless N Chandler
N Channel! N Childers Y Clark Y Coker Y Coleman,B N Coleman.T

N Colwell N Connell NCox Y Crawford Y Crews N Culbreth N Cummings
Y Davis.G Y Davis,M Y Dickinson YDix N Diion.H N Dixon,S N Dobbs
Dover YEhrhart N Epps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin
N Greene N Groover N Hammond N Manner N Harris,B Y Harris,M NHart N Heard N Hegstrom
Y Hembree Henson
N Holland

N Holmes N Howard N Hudson N Hughes N Hugley N James N Jamieson N Jenkins N Johnson,D.H Y Johnson.E N Johnson,G Y Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly NLane.D
NLane.R Y Lawrence N Lawson NLee N Lewis
NLord N Lucas Y Maddox E Mann N Martin NMcBee N McClinton N McKinney,B NMilam Y Mills

N Mobley,B N Mobley.J Y Moore NMosley Y Mueller N Oliver N O'Neal NOrrock N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster NPoag NPolak N Porter NPoston N Powell NPurcell NRandall
N Randolph Ray
N Reaves N Reichert Y Roberts N Royal E Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 47, nays 123. The amendment was lost.

N Smith,C N Smith.L N Smith,P N Smith.T Y Smith,V
Smith,W NSmyre NSnow N Stancil.F Y Stancil,S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor NTeague NTeper N Thomas.C NTillman N Titus
Towery YTrense N Tumquest NTwiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland N White
Williams,B Y Williams.R Y Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 259 by removing from the State funds budgeted for the Lottery for Education Activity in Section 19 relating to State Fiscal Year 1994 the figure $12,304,078 and by decreasing object classes as listed below:

Object Classes

Distant Learning - Satelite Dishes Line 14, Page 18

12,304,078

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

THURSDAY, MARCH 4, 1993

1417

N Ashe Y Atkins N Bailey N Baker N Bannister
N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks,D N Brooks.T
Brown NBuck N Buckner YBunn N Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark Y Coker N Coleman.B N Coleman.T

N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis.M N Dickinson NDix N Dixon.H N Dixon,S N Dobbs N Dover N Ehrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
N Godbee N Golden N Goodwin N Greene N Groover N Hammond N Hanner N Harris,B N Harris.M NHart N Heard N Hegstrom
Y Hembree N Henson N Holland

N Holmes N Howard N Hudson N Hughes N Hugley N James N Jamieson N Jenkins N Johnson.D.H N Johnson,E N Johnson,G N Johnson,J N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd NLakly N Lane.D N Lane.R N Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox E Mann N Martin N McBee N McClinton N McKinney,B NMilam N Mills

N Mobley.B N MobleyJ N Moore N Mosley N Mueller N Oliver N O'Neal NOrrock N Padgett N Parham N Parrish N Patten N Pelote N Perry
N Pinholster NPoag N Polak N Porter
N Postal N Powell N Purcell
NRandall N Randolph
Ray N Reaves N Reichert
Y Roberts N Royal E Scoggins N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield N Skandalakis
N Skipper

N Smith.C N Smith.L N Smith.P N Smith.T N Smith,V N Smith,W N Smyre NSnow N Stancil,F N Stancil.S N Stanley,L N Stanley,P N Stephenson N Streat N Taylor NTeague NTeper N Thomas,C NTillman N Titus N Towery Y Trense N Tumquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts Y Westmorland N White N Williams,B Y William8,R YYates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 20, nays 155. The amendment was lost.

The following amendment was read:

Representatives Stancil of the 16th, Lawrence of the 64th and Klein of the 39th move to amend the Committee substitute to HB 259 by deleting:

1. On page 12, line 27

(157,323)

2. On page 12, line 28

(50,000)

3. On page 13, line 4,

decreasing by

(207,323)

4. On page 13, line 11,

decreasing by

(207,323)

5. On page 71, line 18,

the debt service of

(643,200)

6. On page 71, line 28,

the debt service of

(1,920,000)

7. On page 72, line 20,

the debt service of

(1,776,000)

8. On page 72, delete lines 14 through 17, and inserting in lieu thereof: "Renovation

and Expansion of Jekyll Island Authority Convention Center (Payback Project) prin

cipal amount $5,593,750 and debt service $537,000".

9. On page 12, change line 21 to read as follows: "Local Assistance Grants $970,000.

10. On page 74, line 14 after "1993" delete language through line 19 and substitute in

lieu thereof the following: "To provide that above shall be allocated to Section 65,

lines 27 through 35, page 61, for the Regents Equipment, Technology and Construc

tion Trust Fund."

And by inserting on page 74 between line 31 and 32 the following:

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JOURNAL OF THE HOUSE,

"The foregoing to the contrary, notwithstanding; the following departments of state government are instructed to reduce their continuation budgets by a 3% austerity cut:
1. General Assembly 2. Department of Audits 3. Department of Administrative Services 4. Department of Agriculture 5. Department of Community Affairs 6. Department of Corrections "A" and "B" 7. Department of Defense 8. Forestry Commission 9. Georgia Bureau of Investigation 10. Office of the Governor 11. Department of Human Resources "A" and "B" 12. Department of Industry, Trade & Tourism 13. Department of Insurance 14. Public Service Commission 15. Board of Regents - Central Office 16. Board of Regents - Public Telecommunications Commission 17. Department of Revenue 18. Secretary of State 19. Soil & Water Conservation Commission 20. Workers Compensation Board
As to the sections which a reduction in appropriation has been required by this sec tion, the Departments so affected shall designate the manner in which such reductions shall be distributed; concentrating first on obsolete and ineffective programs; and in making such reductions shall exert their best efforts to distribute such reduction in such a manner having the least effect possible on the service to the citizens of Geor gia. The total reduction called for by this section is $71,561,290."
And by decreasing the figure on page 51, line 18, by $2,669,760 and by deleting on page 71, lines 1 through 3.

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

YAshe
Y Atkins N Bailey N Baker Y Bannister N Barfoot
N Bargeron N Barnes N Bates
NBenefield N Birdsong
N Bordeaux N Bostick Y Breedlove Y Brooks,D NBrooks.T
Brown N Buck N Buckner
YBunn YBurkhalter N Byrd Y Campbell N Canty N Carlisle N Carrell N Carter NCauthorn

NChambless
N Chandler N Channel! N Childers Y Clark Y Coker
Y Coleman,B N Coleman.T N Colwell
N Connell N Co*
Y Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis.M Y Dickinson Y Dix
N Dixon,H N Dixon,S N Dobbs N Dover Y Ehrhart N Epps Y Evans Y Felton N Floyd,J.M

N Floyd,J.W
N Godbee N Golden Y Goodwin N Greene N Groover
N Hammond N Manner N Harris.B
Y Harris.M N Hart
N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson
N Hughes N Hugley N James N Jamieson N Jenkins N Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson^

Y Johnston
N Jones Y Joyce Y Kaye N Kinnamon Y Klein
Y Ladd Y Lakly N Lane.D
N Lane,R Y Lawrence
N Lawson N Lee Y Lewis N Lord N Lucas Y Maddor E Mann N Martin
N McBee N McClinton N McKinney.B N Milam Y Mills N Mobley.B N Mobley.J Y Moore N Mosley

Y Mueller
N Oliver N O'Neal N Orrock N Padgett N Parham
N Parrish N Patten N Pelote
N Perry Y Pinholster
N Poag N Polak N Porter N Poston N Powell N Purcell N Randall N Randolph
N Ray N Reaves N Reichert N Roberts N Royal E Scoggins N Shanahan N Shemll Y Shipp

THURSDAY, MARCH 4, 1993

1419

N Simpson N Sinkfield Y Skandalakis N Skipper N Smith,C N Smith,L N Smith,P N Smith/I

Y Smith.V Y Smith,W NSmyre NSnow N Stancil,F Y Stancil,S N Stanley.L N Stanley,?

N Stephenson N Streat N Taylor
N Teague NTeper
N Thomas.C N Tillman
N Titus

Y Towery Y Trense N Turnquest NTwiggs Y Vaughan N Walker YWall N Watson

On the adoption of the amendment, the ayes were 51, nays 125. The amendment was lost.

N Watts Y Westmoreland N White Y Williams.B Y Williams.R Y Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Committee substitute to HB 259 removing from the State funds budgeted for the St. of Georgia General Obligation Debt Sinking Fund Activity in Section 45 relating to State Fiscal Year 1994 the figure
$48,000,000 and by decreasing object classes as listed below:

Object Classes

State of Georgia General Obligation Bonds-Principal St. of Georgia General Obligation Debt Sinking - State
General Funds (new)

500,000,000
48,000,000

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

YAshe Y Atkins N Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks,D N Brooks.T
Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channell N Childers Y Clark Y Coker Y Coleman.B N Coleman.T

N Colwell N Connell
NCox Y Crawford Y Crews N Culbreth N Cummings N Davis,G Y Davis,M Y Dickinson YDbt N Dixon.H N Diion.S N Dobbs N Dover YEhrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
NGodbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris,B Y Harris.M
NHart N Heard N Hegstrom Y Hembree N Henson N Holland

N Holmes N Howard N Hudson Y Hughes N Hugley N James N Jamieson N Jenkins N Johnson.D.H
Y Johnson,E Y Johnson.G Y Johnson.J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly N Lane.D
N Lane,R Y Lawrence N Lawson NLee Y Lewis NLord N Lucas Y Maddoz EMann N Martin NMcBee N McClinton N McKinney,B NMilam Y Mills

N Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal NOrrock N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster NPoag NPolak N Porter NPoston N PoweU NPurceU NRandall N Randolph
NRay N Reaves N Reichert Y Roberts N Royal E Scoggins NShanahan N Sherrill YShipp N Simpson N Sinkfield Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 57, nays 118.

N Smith.C N Smith.L Y Smith,P N Smith.T Y Smith.V Y Smith.W NSmyre NSnow N Stanc.l,F Y Stancil.S N Stanley,L N Stanley,? Y Stephenson N Streat N Taylor N Teague YTeper N Thomas.C N Tillman N Titus Y Towery Y Trense N Tumquest NTwiggs Y Vaughan N Walker YWall N Watson N Watts Y Westmoreland N White
Williams.B NWilliamB,R Y Yates N Yeargin
Murphy,Spkr

1420

JOURNAL OF THE HOUSE,

The amendment was lost.

The Committee substitute was adopted.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner
NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis.G N Davis.M N Dickinson
NDix Y Dixon,H
Y Dixon,S Y Dobbs Y Dover N Ehrhart YEpps N Evans Y Felton
Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
NLadd N Lakly Y Lane.D
Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B YMilam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YRandall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P
Y Smith,T N Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague NTeper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker YWall Y Watson
Y Watts N Westmorland Y White Y Williams.B Y Williams.R
NYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following communications were received:

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334
March 4, 1993
Representative Lakly 105th would like the record to reflect his "nay" vote is to assert his firm objection to Department of Corrections Muscogee County Work Camp $447,000; 20 positions Eastman YDF $501,345. Department of Community Affairs Local Assistance Grants $395,000. Unallocated Grants Fund $450,000 Regional Economic and Business Grants $1,000,000. Teachers are not receiving a sufficient salary increase.
The bonds $780,000,000 million are far more than the taxpayers can afford.

THURSDAY, MARCH 4, 1993

1421

/s/ Dan Lakly 105th

Representative Westmorland of the 104th would like the record to reflect that his purpose for his "nay" vote is to assert firm objection to the authorization of 6-7 million dollars in 20 yr. bonds for the Georgia Music Hall of Fame and the Sports Hall of Fame. Also the authorization of 18.5 million dollars in 20 yr bonds for the design and construc tion of a new golf course and conference center in North Georgia. Also the 3.17 million dollars of undesignated funds in the Dept. of Community Affairs Budget.
/s/ Westmorland 104th

By unanimous consent, HB 259 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 3:30 o'clock this afternoon.

1422

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolu
tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 400 Do Pass Respectfully submitted,
/si Benefield of the 96th Chairman
The following Resolutions of the House were read and adopted:
HR 404. By Representative Turnquest of the 73rd: A resolution commending and recognizing the Atlanta Chapter of the National Black MBA Association.
HR 405. By Representative Brooks of the 103rd and Thomas of the 100th: A resolution commending and congratulating Herbert Preston Camp, ST., on the occasion of his retirement.
HR 406. By Representatives Randolph of the 72nd and Sherrill of the 62nd: A resolution commending the members of the Silver-Haired Legislature.
HR 407. By Representatives Turnquest of the 73rd, Baker of the 70th, Henson of the 65th, Williams of the 63rd, Sherrill of the 62nd and others: A resolution honoring Senator Eugene P. Walker.
HR 408. By Representative Barnes of the 33rd: A resolution commending the South Cobb 8th Grade Basketball Team.
HR 409. By Representative Barnes of the 33rd: A resolution commending the South Cobb 7th Grade Basketball Team.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time:
HB 686. By Representatives Cox of the 160th and Royal of the 164th: A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part.

THURSDAY, MARCH 4, 1993

1423

The following amendments were read and adopted:

Representative Childers of the 13th moves to amend HB 686 as follows: By striking the word "to" on line 20 page one and inserting the word or.

Representative Cox of the 160th moves to amend HB 686 as follows:
Replace period on line 24, page 1 with a comma and add thereafter:
although all such persons remain obligated to comply with the provisions of Article 2 of Chapter 16 of Title 45 concerning death investigations.

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle YCarrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Y Connell YCox Y Crawford
Crews Y Culbreth Y Cunnnings
Davis.G Y Davis,M Y Dickinson YDii Y Diion.H Y Diion.S EDobbs Y Dover YEhrhart YEpps Y Evans Y Felton
FloydJ.M Y FloydJ.W YGodbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree YHenson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane,D YLane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann
Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter
Poston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skandalakis
Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T Y Smith.V
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Y Vaughan Walker Y Wall Y Watson Watts Y Westmoreland Y White Y Williams.B Y Williams.R
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

1424

JOURNAL OF THE HOUSE,

HB 350. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation in general, so as to provide that for certain purposes computer software shall constitute personal property only to the extent of the value of the storage medium.

The following Committee 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 that for certain purposes computer software shall constitute per sonal property only to the extent of the value of the storage medium; to provide that com puter software shall be classified as intangible personal property for the purpose of intangible personal property taxation; to provide for a definition; to provide an effective date; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code Section 48-1-8 at the end of Chapter 1, relating to revenue and taxation in general, to read as follows:
"48-1-8. (a) As used in this Code section, the term 'computer software' means any program or routine, or any set of one or more programs or routines, which are used or intended for use to cause one or more computers or pieces of computer related periph eral equipment, or any combination thereof, to perform a task or set of tasks. Without limiting the generality of the foregoing, the term 'computer software' shall include oper ating and application programs and all related documentation.
(b) For the purposes of Chapters 5 and 6 of this title, computer software shall consti tute personal property only to the extent of the value of the medium on or in which it is stored or transmitted."
Section 2. Said title is further amended in Code Section 48-6-21, relating to the clas sification of intangible personal property, by striking "or" at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting in its place "; or", and by adding a new paragraph at the end thereof, to be designated paragraph (10), to read as follows:
"(10) Computer software as defined in Code Section 48-1-8."
Section 3. This Act shall become effective on January 1, 1994, and shall be applica ble to all taxable years beginning on or after that date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Baker of the 70th, et al. move to amend the Committee substitute to HB 350 by striking "storage medium;" on line 5 of page 1 and inserting in its place the following:
"unmounted or uninstalled storage medium; to provide for exceptions;".
By striking "For" on line 1 of page 2 and inserting in its place the following:
"Except as otherwise provided in subsection (c) of this Code section, for".
By inserting "unmounted or uninstalled" between "the" and "medium" on line 3 of page 2.

THURSDAY, MARCH 4, 1993

1425

By striking the quotation marks at the end of line 4 of page 2 and inserting between lines 4 and 5 of page 2 the following:
"(c) Nothing herein shall be deemed to affect the taxation under Chapter 5 or Chap ter 8 of this title of copies of computer software held as inventory in a tangible medium ready for sale at retail by one who is a dealer with respect to such property and the sale of which is subject to sales and use taxation.'"

The following amendment was read and lost:

Representative Snow of the 2nd moves to amend the Baker, Bordeaux, Dover and Orrock amendment to HB 350 on page #1 line 22 after the word taxation by inserting "or any computer software held by any person for sale or joint use by any other person."

The Baker, et al. amendment was adopted.

The Committee substitute, as amended, was adopted.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates N Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCra Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix Y Dixon,H Y Dixon,S EDobbs Y Dover
YEhrhart YEpps Y Evans Y Felton
Y Floyd,J.M Y FloydJ.W Y Godbee Y Golden
YGoodwin Y Greene Y Groover
Y Hammond YHanner Y Harris,B Y Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane.D YLane.R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin YMcBee
Y McClinton Y McKinney.B YMilam Y Mills

Y Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock N Padgett YParham
Y Parrish Y Patten Y Pelote Y Perry Y Pinholster NPoag YPolak Y Porter YPoston Y Powell
Y Purcell YRandall Y Randolph
YRay Y Reaves Y Reichert
N Roberta Y Royal EScoggins Y Shanahan
Y Sherrill YShipp Y Simpson
Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre N Snow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y WiUiams.B Y Williams.R
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

1426

JOURNAL OF THE HOUSE,

Representative Benefield of the 96th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 350 was ordered immediately transmitted to the Senate.

The following Bill of the House having been postponed from a previous day was read:

HB 802. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Canty of the 52nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candi date is disqualified; to change certain provisions relating to boards which assume the duties of election superintendents under certain circumstances.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candidate is disqualified; to change certain provisions relating to boards which assume the duties of election superin tendents under certain circumstances; to change certain provisions relating to the fixing, publishing, paying, and distributing of qualifying fees; to change the time when candidates qualify for party nomination in the case of a special primary; to provide for additional appeals from certain decisions denying or allowing voter registration; to change certain provisions relating to polling places; to authorize the use of certain additional maps with respect to boundaries of certain voting precincts; to change certain provisions relating to certain referenda on the question of using voting machines; to delete certain grounds for contesting the results of certain primaries or elections; to change certain provisions relating to the calling of municipal special primaries and elections; to provide for other matters rel ative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (c) of Code Section 21-2-5, relating to qualifications of candidates for state and federal office, and inserting in its place a new subsection (c) to read as follows:
"(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which he such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike his such candidate's name from the bal lot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (c) to read as follows:
"(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which he such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike his such candidate's name from the bal lot if the ballots have been printed. If there is insufficient time to strike the candidate's

THURSDAY, MARCH 4, 1993

1427

name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 3. Said title is further amended by striking Code Section 21-2-74, relating to the creation of a board to assume the duties of the election superintendent under cer tain circumstances, and inserting in its place a new Code Section 21-2-74 to read as fol lows:
"21-2-74. If a county does not have a board of elections and if the judge of the pro bate court of that county is a candidate, with opposition, for any public office in a pri mary or election, a board to be composed of the judge of the probate court who shall serve as chairman chairperson, of an elector of the county named by the county state democratic executive committee, and of an elector of the county named by the county state republican executive committee shall assume the duties of the election superin tendent for any such primary or election. In selecting a person to serve, the state execu tive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the commit tee shall desire to consult."
Section 4. Said title is further amended by striking Code Section 21-2-131, relating to the fixing, publishing, paying, and distributing of qualifying fees, and inserting in its place a new Code Section 21-2-131 to read as follows:
"21-2-131. (a) Qualification fees for party and public offices shall be fixed and pub lished 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 pri mary 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 1 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 1 percent of the income derived from such office by the person holding the office for the preceding year. In addition, the governing authority shall impose an additional fee equal to twice the qualifying fee which shall be paid by candidates of political parties and bodies duly registered under Code Section 21-2-110. The qualifying fee for such political party or political body candidates shall consist of both the qualifying fee set forth in this paragraph and such additional fee;
(2) Within the same time limitation as provided in paragraph (1) of this subsec tion, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his such candidate's notice of candidacy for a general or special election. Such fee shall be 3 1 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $40&0e $125.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 1 percent of the income derived from such office by the person holding the office for the preceding year. In addition, the Secretary of State shall impose an additional fee equal to twice the qualifying fee which shall be paid by candidates of political parties and bodies duly registered under Code Section 21-2-110. The qualifying fee for such political party or political body candidates shall consist of both the qualifying fee set forth in this paragraph and such additional fee;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the pri mary is to be held for the filling of such party office, (b) Qualifying fees shall be paid as follows:

1428

JOURNAL OF THE HOUSE,

(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate, (c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 66 percent te be retained by the county poiitic&i pflpty witft wn.ic.Fi tftc cflnuiQAtc (jiiftiificctj or? percent to i&c 11flnsrnittr thG qualifying fees shall be transmitted in full, with the exception of that portion of the qualifying fees which constitutes the additional fee paid by the candidates of the political party in accordance with paragraph (1) of subsection (a) of this Code section, to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifica tions in the case of a special primary. Such fees shall be transmitted as soon as practi cable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: ^ percent te be retained by the state political party? 36 percent te be transmitted the qualifying fees shall be transmitted in full, with the exception of that portion of the qualifying fees which constitutes the additional fee paid by the candidates of the political party in accordance with para graph (2) of subsection (a) of this Code section, to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or coun ties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presi dential election;
(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election with the exception of that portion of the qualifying fees which constitutes the additional fee paid by the candidates of a political body in accordance with paragraph (1) of sub section (a) of this Code section which shall be transmitted as soon as practicable to the state executive committee of the appropriate political body;
(4) Qualification fees paid to the Secretary of State shall be prorated and distrib uted as follows: that portion of the qualifying fees which constitutes the additional fee paid by the candidates of a political body in accordance with paragraph (2) of subsec tion (a) of this Code section shall be transmitted as soon as practicable to the state executive committee of the appropriate political body; the remaining fees shall be pro rated with 25 percent to be transmitted to the state treasury; and 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election."
Section 5. 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 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 4 days no

THURSDAY, MARCH 4, 1993

1429

earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
Section 6. Said title is further amended by striking Code Section 21-2-224, relating to appeals from decisions denying or allowing voter registrations, and inserting in its place a new Code Section 21-2-224 to read as follows:
"21-2-224. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the board of registrars within ten days from the date of the decision complained of and shall be returned by the board of registrars to the office of the clerk of such court to be tried as other appeals. Pending an appeal and until the final judgment of the case, the decision of the registration officers shall remain in full force."
Section 7. Said title is further amended by striking Code Section 21-2-238, relating to persons entitled to vote in each precinct, and inserting in its place a new Code Section 21-2-238 to read as follows:
"21-2-238. All persons whose names appear on the list of electors placed in the pos session of the managers in each precinct, and no others, shall be allowed to deposit their ballots according to law at the precinct in which they are registered; provided, however, that nothing in this Code section shall prevent the voting of electors in one central loca tion in the county if provisions are made in that central location for voters to vote as they otherwise would be permitted to vote in their respective precincts and provided, further, that at least one the polling place in each precinct shall be open m eaeh pre cinct during each primary and each election."
Section 8. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-261.1, relating to boundary requirements for voting precincts, and inserting in its place a new paragraph (1) to read as follows:
"(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation mapSj current census maps, city or county planning maps, or any combination of such maps; or".
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-321, relating to referenda on the use of voting machines, and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) The governing authority of any county which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county, at any election, the question: 'Shall voting machines be used in the County of ___________?'
(b) The governing authority of any county which conducts elections bj paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election, shall, at the next election occurring at least 45 days thereaf ter, submit to the electors of such county the question: 'Shall voting machines be used in the County of ___________?'".
Section 10. Said title is further amended by striking paragraph (2) of Code Section 21-2-522, relating to grounds for election contests, and inserting in its place a new para graph (2) to read as follows:
"(2) When the defendant is ineligible for the nomination er office in dispute Reserved;".
Section 11. Said title is further amended by striking subsection (c) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (c) to read as follows:
"(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which h such candidate is offering. If the superintendent

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determines that the candidate is not qualified, he such superintendent shall withhold the name of the candidate from the ballot or strike his such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candi date's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 12. Said title is further amended by striking subsection (b) of Code Section 21-3-52, relating to municipal special elections, and inserting in its place a new subsection (b) to read as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special elec tion and the holding of same. Special elections which are to be held in conjunction with a general primary or general election conducted under Chapter 2 of this title shall be called at least 60 days prior to the date of such general primary or general election; pro vided, however, that this requirement shall not apply to special elections held on the same date as such general primary or general election, but conducted separate and apart from such general primary or general election."
Section 13. Said title is further amended by striking Code Section 21-3-129, relating to appeals from decisions denying or allowing voter registration, and inserting in its place a new Code Section 21-3-129 to read as follows:
"21-3-129. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an appeal and until the final judgment of the case, the deci sion of the registration officer shall remain in full force."
Section 14. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-3-161.1, relating to boundaries of voting precincts, and inserting in its place a new paragraph (1) to read as follows:
"(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; current census maps, city or county planning maps, or any combination of such maps; or".
Section 15. Said title is further amended by striking subsection (a) of Code Section 21-3-221, relating to referenda on the use of voting machines, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality which conducts elections by paper ballot, upon its own motion or upon the receipt of a petition signed by at least 10 per cent of the electors who voted in such municipality at the preceding general election, may submit to the electors of the municipality, at an election, the question: 'Shall voting machines be used in the municipality of ___________?'".
Section 16. Said title is further amended by striking paragraph (2) of Code Section 21-3-422, relating to grounds for municipal election contests, and inserting in its place a new paragraph (2) to read as follows:
"(2) Whea the defendant is ineligible fer th nomination f office in dispute Reserved:".
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 4, 1993

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The following substitute, offered by Representative Holmes of the 53rd was read and adopted:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candidate is disqualified; to change certain provisions relating to boards which assume the duties of election superin tendents under certain circumstances; to change certain provisions relating to the fixing, publishing, paying, and distributing of qualifying fees; to change the time when candidates qualify for party nomination in the case of a special primary; to provide for additional appeals from certain decisions denying or allowing voter registration; to change certain provisions relating to polling places; to authorize the use of certain additional maps with respect to boundaries of certain voting precincts; to change certain provisions relating to certain referenda on the question of using voting machines; to delete certain grounds for contesting the results of certain primaries or elections; to change certain provisions relating to the calling of municipal special primaries and elections; to provide for other matters rel ative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (c) of Code Section 21-2-5, relating to qualifications of candidates for state and federal office, and inserting in its place a new subsection (c) to read as follows:
"(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which he such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike his such candidate's name from the bal lot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (c) to read as follows:
"(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which he such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike his such candidate's name from the bal lot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 3. Said title is further amended by striking Code Section 21-2-74, relating to the creation of a board to assume the duties of the election superintendent under cer tain circumstances, and inserting in its place a new Code Section 21-2-74 to read as fol lows:
"21-2-74. If a county does not have a board of elections and if the judge of the pro bate court of that county is a candidate, with opposition, for any public office in a pri mary or election, a board to be composed of the judge of the probate court who shall serve as chairman chairperson, of an elector of the county named by the county state democratic executive committee, and of an elector of the county named by the county state republican executive committee shall assume the duties of the election superin tendent for any such primary or election. In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive

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committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the commit tee shall desire to consult."
Section 4. Said title is further amended by striking paragraphs (3) and (4) of subsec tion (c) of Code Section 21-2-131, relating to the fixing, publishing, paying, and distribut ing of qualifying fees, and inserting in their place new paragraphs (3) and (4), respectively, to read as follows:
"(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as seen as practicable te the general fund ef the governing ftutiiority of tiic county^ to DC Applied towftfw the cost' of noldin^j tn& electionj ' ou per~ cent to be transmitted to the state executive committee of the appropriate political body, if the person qualifies as a candidate of that political body; 50 percent to be retained by the superintendent of the county. Such fees shall be transmitted as scon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed fls loiiows* Tso percent to DC tptnsm11ted to tfte stftte tre89ury* TO percent to ~oe trtms~ mitted to tfie ovcpnin ftutnority or tfte county or counties tft tfte district m~ wJtiicii rate*

ndi1wfti^<-j-iiur>ini. XTTf tuVitKr nuifnfiufuv nsunmugrViiiit' Vuyir ttliiinc ru.nuriiiu.JiIu.JQni4/-oc iisaj f1i1lllipte/Jr VuMyF +cViico TYjrU>MiT>? norf cnilcncfwfrjtiTTnS ro*rf nm\unrne
tncm one county SUCH ree siiftii DC divided &mon[ trie counties invoivcd HJ proportion te the vote east by eaeh county m the preceding presidential election. 75 percent to be transmitted to the appropriate political body, if the person qualifies as a candidate of that political body; 25 percent to be retained b_x the Secretary of State. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied to the cost of holding the election. If the office sought by the candidate is filled by the vote of the electors of more than one county, such fee shall be divided among the counties involved in pro portion to the vote cast by each county in the preceding presidential election."
Section 5. 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 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 16 days no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
Section 6. Said title is further amended by striking Code Section 21-2-224, relating to appeals from decisions denying or allowing voter registrations, and inserting in its place a new Code Section 21-2-224 to read as follows:
"21-2-224. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the board of registrars within ten days from the date of the decision complained of and shall be returned by the board of registrars to the office of the clerk of such court to be tried as other appeals. Pending an appeal and until the final judgment of the case, the decision of the registration officers shall remain in full force."
Section 7. Said title is further amended by striking Code Section 21-2-238, relating to persons entitled to vote in each precinct, and inserting in its place a new Code Section 21-2-238 to read as follows:

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"21-2-238. All persons whose names appear on the list of electors placed in the pos session of the managers in each precinct, and no others, shall be allowed to deposit their ballots according to law at the precinct in which they are registered; provided, however, that nothing in this Code section shall prevent the voting of electors in one central loca tion in the county if provisions are made in that central location for voters to vote as they otherwise would be permitted to vote in their respective precincts and provided, further, that at least eae the polling place in each precinct shall be open eaefe p*eeinet during each primary and each election."
Section 8. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-261.1, relating to boundary requirements for voting precincts, and inserting in its place a new paragraph (1) to read as follows:
"(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps: current census maps, city or county planning maps, or any combination of such maps; or".
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-321, relating to referenda on the use of voting machines, and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) The governing authority of any county which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county, at any election, the question: 'Shall voting machines be used in the County of __________?'
(b) The governing authority of any county which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election, shall, at the next election occurring at least 45 days thereaf ter, submit to the electors of such county the question: 'Shall voting machines be used in the County of ___________?"'.
Section 10. Said title is further amended by striking paragraph (2) of Code Section 21-2-522, relating to grounds for election contests, and inserting in its place a new para graph (2) to read as follows:
"(2) When the defendant is ineligible fe* the nomination e* office in dispute Reserved;".
Section 11. Said title is further amended by striking subsection (c) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (c) to read as follows:
"(c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which he such candidate is offering. If the superintendent determines that the candidate is not qualified, he such superintendent shall withhold the name of the candidate from the ballot or strike his such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candi date's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted."
Section 12. Said title is further amended by striking subsection (b) of Code Section 21-3-52, relating to municipal special elections, and inserting in its place a new subsection (b) to read as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special elec tion and the holding of same. Special elections which are to be held in conjunction with a general primary or general election conducted under Chapter 2 of this title shall be called at least 60 days prior to the date of such general primary or general election: pro vided, however, that this requirement shall not apply to special elections held on the same date as such general primary or general election, but conducted separate and apart from such general primary or general election."

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Section 13. Said title is further amended by striking Code Section 21-3-129, relating to appeals from decisions denying or allowing voter registration, and inserting in its place a new Code Section 21-3-129 to read as follows:
"21-3-129. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an appeal and until the final judgment of the case, the deci sion of the registration officer shall remain in full force."
Section 14. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-3-161.1, relating to boundaries of voting precincts, and inserting in its place a new paragraph (1) to read as follows:
"(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps2 current census maps, city or county planning maps. or any combination of such maps; or".
Section 15. Said title is further amended by striking subsection (a) of Code Section 21-3-221, relating to referenda on the use of voting machines, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality which conducts elections by paper ballot, upon its own motion or upon the receipt of a petition signed by at least 10 per cent of the electors who voted in such municipality at the preceding general election, may submit to the electors of the municipality, at an election, the question: 'Shall voting machines be used in the municipality of ____________?'".
Section 16. Said title is further amended by striking paragraph (2) of Code Section 21-3-422, relating to grounds for municipal election contests, and inserting in its place a new paragraph (2) to read as follows:
"(2) When th defendant fe ineligible for the nomination ef office dispute Reserved;".
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

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:

YAshe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot Y Bargeron Y Barnes Y Bates V Benefield Y Birdsong Bordeaux YBortick Y Breedlove
Brooks.D YBrooks,T

Brown Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channel! YChilders

Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbretb Y Cummings Y Davis.G Y Davis.M Y Dickinson Y Dii Y Dixon.H

Y Diion,S E Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner

Y Harris,B Y Harris,M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins

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Johnson,D.H Y Johnson,B Y Johnson.G
Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Y Lane.D YLane.R Y Lawrence Y Lawaon YLee Y Lewis YLord Y Lucas

Y Maddox E Mann Y Martin
YMcBee Y McClinton
McKinney,B Y Milam Y Mills Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller
Y Oliver YO'Neal
Orrock
Y Padgett YParham YParrish Y Patten

Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter Poston
Y Powell
Y Purcell Randall
Y Randolph Ray Reaves Reichert
Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson YStreat Y Taylor YTeague

YTeper Y Thomas.C Y Tillman
Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y WiUiams,B Y WiUiam8,R Y Yates Y Yeargin
Murphy,Spkr

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

HB 811. By Representatives Buck of the 135th, Smyre of the 136th and Culbreth of the 132nd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance rates, underwriting rules, and related organiza tions, so as to provide for a premium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements.

The following substitute, offered by Representatives Smyre of the 136th and Buck of the 135th was read and adopted:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to provide for a pre mium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements; to provide for matters relative to such discounts for such dis counts; to authorize rules and regulations by the Commissioner of Insurance; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, so as to provide for intent; to provide definitions; to provide requirements for a drug-free workplace program which will enable an employer to qualify for a premium discount applicable to such employer's policy of workers' compensation insurance; to pro vide for substance abuse testing and procedures relative thereto; to provide for Employee Assistance Programs; to provide for employee education and supervisor training; to provide for confidentiality of certain information; to authorize rules and regulations by the State Board of Workers' Compensation; 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 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by adding immediately following Code Section 33-9-40.1, relating to rates of workers' compensation policies issued to business entities with a majority interest being held by the same person, a new Code Section 33-9-40.2 to read as follows:

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"33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer a 5 percent reduction in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer of such certification.
(b) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers' Compensation; provided, however, an insurer shall not be required to credit the actual amount ofthe premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each year in which a premium discount is granted.
(c) The workers' compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount or the cancellation provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepresented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34.
(d) Each insurer shall make an annual report to the rating and statistical organiza tion designated by the Commissioner pursuant to Chapter 9 of this title illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures reported pursuant to this subsection on the aggregate calls for experience must exclude the effects of such credits. Net earned premium reported on these calls must include the effects of such credits. The drug-free workplace credits must be reported under a unique classification code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to Chapter 9 of this title.
(e) The Commissioner shall be authorized to promulgate rules and regulations neces sary for the implementation and enforcement of this Code section."
Section 2. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11
34-9-410. It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
34-9-411. As used in this article, the term: (1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from
whatever source or by whatever process produced. (2) 'Chain of custody' means the methodology of tracking specified materials, spec
imens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials, specimens, or substances and providing for accountability at each stage in handling, testing, and storing materi als, specimens, or substances and reporting test results.
(3) 'Confirmation test,' 'confirmed test,' or 'confirmed substance abuse test' means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific princi ple from that of the initial test procedure. This confirmation method must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.
(4) 'Drug' means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualene, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances. An employer may test an individual for any or all of these.
(5) 'Employee' means any person who works for salary, wages, or other remunera tion for an employer.

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(6) 'Employee Assistance Program' means a program designed to assist in the iden tification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include consul tation and training; professional, confidential, appropriate, and timely problem assess ment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and quality assurance.
(7) 'Employer' means a person or entity that is subject to the provisions of this chapter.
(8) 'Initial test' means a sensitive, rapid, and reliable procedure to identify nega tive and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent procedure or shall use a more accurate scientifically accepted method approved by the National Institute on Drug Abuse as such more accurate technology becomes available in a cost-effective form.
(9) 'Job applicant' means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a substance abuse test and may have begun work pending the results of the substance abuse test.
(10) 'Nonprescription medication' means a drug or medication authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries.
(11) 'Prescription medication' means a drug or medication lawfully prescribed by a physician for an individual and taken in accordance with such prescription.
(12) 'Reasonable suspicion testing' means substance abuse testing based on a belief that an employee is using or has used drugs or alcohol in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following:
(A) Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to sub stance abuse;
(B) Abnormal conduct or erratic behavior while at work or a significant deterio ration in work performance;
(C) A report of substance abuse provided by a reliable and credible source; (D) Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer; (E) Information that an employee has caused, contributed to, or been involved in an accident while at work; or (F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.
(13) 'Rehabilitation program' means an established program capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. This service shall in all cases be provided by persons licensed or appropriately certified as health professionals to provide drug or alcohol rehabilitative services.
(14) 'Specimen' means tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol.
(15) 'Substance' means drugs or alcohol.
(16) 'Substance abuse test* or 'test' means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol.
(17) 'Threshold detection level' means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and confirmatory test performed by a laboratory meeting the standards specified in this article. The threshold detection level indicates the level at which a valid conclusion can be drawn that the drug or alcohol is present in the employee's specimen.

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34-9-412. If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a 5 percent premium discount under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2.
34-9-413. (a) A drug-free workplace program must contain the following elements: (1) Written policy statement as provided in Code Section 34-9-414; (2) Substance abuse testing as provided in Code Section 34-9-415; (3) Resources of employee assistance providers maintained in accordance with
Code Section 34-9-416; (4) Employee education as provided in Code Section 34-9-417; and (5) Supervisor training in accordance with Code Section 34-9-418.
(b) In addition to the requirements of subsection (a) of this Code section, a drug-free workplace program must be implemented in compliance with the confidentiality stan dards provided in Code Section 34-9-420.
34-9-414. (a) One time only, prior to testing, all employees and job applicants for employment must be given a notice of testing. In addition, all employees must be given a written policy statement from the employer which contains:
(1) A general statement of the employer's policy on employee substance abuse which shall identify:
(A) The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when such test ing will be required; and
(B) The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result; (2) A statement advising an employee or job applicant of the existence of this arti cle; (3) A general statement concerning confidentiality; (4) The consequences of refusing to submit to a drug test; (5) A statement advising an employee of the Employee Assistance Program, if the employer offers such program, or advising the employee of the employer's resource file of assistance programs and other persons, entities, or organizations designed to assist employees with personal or behavioral problems; (6) A statement that an employee or job applicant who receives a positive con firmed test result may contest or explain the result to the employer within five work ing days after written notification of the positive test result; and
(8) A statement informing an employee of the provisions of the federal Drug-Free Workplace Act or Chapter 23 of Title 45, the 'Drug-Free Public Work Force Act of 1990,' if applicable to the employer.
(b) An employer not having a substance abuse testing program in effect on July 1, 1993, shall ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the begin ning of the actual testing. An employer having a substance abuse testing program in place prior to July 1, 1993, shall not be required to provide a 60 day notice period.
(c) An employer shall include notice of substance abuse testing on vacancy announcements for those positions for which testing is required. A notice of the employ er's substance abuse testing policy must also be posted in an appropriate and conspicu ous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular busi ness hours in the employer's personnel office or other suitable locations.
34-9-415. (a) All testing conducted by an employer shall be in conformity with the standards and procedures established in this article and all applicable rules adopted by the State Board of Workers' Compensation pursuant to this article. However, an employer shall not have a legal duty under this article to request an employee or job applicant to undergo testing.
(b) An employer is required to conduct the following types of tests in order to qual ify for the workers' compensation insurance premium discounts provided under Code Section 34-9-412:

THURSDAY, MARCH 4, 1993

1,48:9

(1) An employer must require job applicants to submit to a substance abuse test after extending an offer of employment. Limited testing of job applicants by an employer shall qualify under this paragraph if such testing is conducted on the basis of reasonable classifications of job positions;
(2) An employer must require an employee to submit to reasonable suspicion test ing;
(3) An employer must require an employee to submit to a substance abuse test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medi cal examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group;
(4) If the employee in the course of employment enters an Employee Assistance Program or a rehabilitation program as the result of a positive test, the employer must require the employee to submit to a substance abuse test as a follow-up to such pro gram. However, if an employee voluntarily entered the program, follow-up testing is not required. If follow-up testing is conducted, the frequency of such testing shall be at least once a year for a two-year period after completion of the program and
advance notice of the testing date shall not be given to the employee; and (5) If the employee has caused, contributed to, or been involved in an accident
during the course of employment, the employer must conduct post-accident testing. (c) Nothing in this Code section shall prohibit a private employer from conducting
random testing or other lawful testing of employees. (d) All specimen collection and testing under this Code section shall be performed
in accordance with the following procedures: (1) A specimen shall be collected with due regard to the privacy of the individual
providing the specimen, and in a manner reasonably calculated to prevent substitution or contamination of the specimen;
(2) Specimen collection shall be documented, and the documentation procedures shall include:
(A) Labeling of specimen containers so as to reasonably preclude the likelihood
of erroneous identification of test results; and (B) An opportunity for the employee or job applicant to record any information
he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The providing of information shall not preclude the administration of
the test, but shall be taken into account in interpreting any positive confirmed
results; (3) Specimen collection, storage, and transportation to the testing site shall be per formed in a manner which will reasonably preclude specimen contamination or adul
teration; (4) Each initial and confirmation test conducted under this Code section, not
including the taking or collecting of a specimen to be tested, shall be conducted by
a laboratory certified by the National Institute on Drug Abuse as described in subsec
tion (e) of this Code section; (5) A specimen for a test may be taken or collected by any of the following per
sons: (A) A physician, a physician's assistant, a registered professional nurse, a
licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service
or treatment; (B) A qualified person certified or employed by a laboratory certified by the
National Institute on Drug Abuse; or (C) A qualified person certified or employed by a collection company.
(6) Within five working days after receipt of a positive confirmed test result from the laboratory, an employer shall inform an employee or job applicant in writing of such positive test result, the consequences of such results, and the options available
to the employee or job applicant. (7) The employer shall provide to the employee or job applicant, upon request, a
copy of the test results;

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JOURNAL OF THE HOUSE,

(8) An initial test having a positive result must be verified by a confirmation test; (9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identi fication of all specimens to be tested; (10) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees; (11) An employee or job applicant shall pay the cost of any additional tests not required by the employer; and (12) If testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determina tion that reasonable suspicion existed to warrant the testing. A copy of this documen tation shall be given to the employee upon request and the original documentation shall be kept confidential by the employer pursuant to Code Section 34-9-420 and retained by the employer for at least one year. (e) (1) No laboratory may analyze initial or confirmation drug specimens unless:
(A) The laboratory is approved by the National Institute on Drug Abuse; (B) The laboratory has written procedures to ensure the chain of custody; and (C) The laboratory follows proper quality control procedures including, but not limited to:
(i) The use of internal quality controls including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy;
(ii) An internal review and certification process for drug test results, con ducted by a person qualified to perform that function in the testing laboratory;
(iii) Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results; and
(iv) Other necessary and proper actions taken to ensure reliable and accurate drug test results. (2) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. All laboratory reports of a substance abuse test result shall, at a minimum, state: (A) The name and address of the laboratory which performed the test and the positive identification of the person tested; (B) Positive results on confirmation tests only, or negative results, as applicable; (C) A list of the drugs for which the drug analyses were conducted; and (D) The type of tests conducted for both initial and confirmation tests and the minimum cut-off levels of the tests.
No report shall disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this article.
(3) Laboratories shall provide technical assistance to the employer, employee, or job applicant for the purpose of interpreting any positive confirmed test results which could have been caused by prescription or nonprescription medication taken by the employee or job applicant.
(f) If an initial drug test is negative, the employer may in its sole discretion seek a confirmation test. Only laboratories certified by the National Institute on Drug Abuse as described in subsection (e) of this Code section shall conduct confirmation drug tests.
(g) All positive initial tests shall be confirmed using the gas chromatography/mass spectrometry (GC/MC) method or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse as such technology becomes available in a cost-effective form.
34-9-416. (a) If an employer has an Employee Assistance Program, the employer must inform the employee of the benefits and services of the Employee Assistance Pro gram. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program.
(b) If an employer does not have an Employee Assistance Program, the employer must maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or

THURSDAY, MARCH 4, 1993

1441

organizations available to assist employees with personal or behavioral problems and must notify the employee of the availability of this resource file. In addition, the employer shall post in a conspicuous place a listing of providers of employee assistance in the area.
34-9-417. An employer must provide all employees with a biannual education pro gram on substance abuse, in general, and its effects on the workplace, specifically. An education program for a minimum of one hour should include but is not limited to the following information:
(1) The explanation of the disease model of addiction for alcohol and drugs; (2) The effects and dangers of the commonly abused substances in the workplace; and (3) The company's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so. 34-9-418. In addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which should include but is not limited to the following information: (1) How to recognize signs of employee substance abuse; (2) How to document and collaborate signs of employee substance abuse; and (3) How to refer substance abusing employees to the proper treatment providers. 34-9-419. (a) No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or eval uating a drug test solely by the establishment, implementation, or administration of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer from establish ing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug related offenses, and taking action based upon a violation of any of those rules. (c) Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state law to conduct drug tests, or implement employee drug-testing programs, prior to July 1, 1993; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers' compensation insurance rates under Code Section 34-9-40.2. (d) Nothing in this article shall be construed to prohibit an employer from conduct ing medical screening or other tests required, permitted, or not disallowed by any stat ute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. Such screening or tests shall be limited to the specific materials expressly identified in the statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests.
(e) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for substance abuse testing.
34-9-420. (a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with this article.
(b) Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written con sent form signed voluntarily by the person tested, unless such release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum:
(1) The name of the person who is authorized to obtain the information;
(2) The purpose of the disclosure;

1442

JOURNAL OF THE HOUSE,

(3) The precise information to be disclosed; (4) The duration of the consent; and (5) The signature of the person authorizing release of the information. (c) Information on test results shall not be released or used in any criminal proceed ing against the employee or job applicant. Information released contrary to this subsec tion shall be inadmissible as evidence in any such criminal proceeding. (d) Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when con sulting with legal counsel when the information is relevant to its defense in a civil or administrative matter. 34-9-421. The State Board of Workers' Compensation shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. Certi fication of an employer shall be required for each year in which a premium discount is granted. The State Board of Workers' Compensation shall be authorized to promulgate rules and regulations necessary for the implementation of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 244. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional defined terms to be used in Article 9; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to filing fees of the superior courts, so as to raise the filing fees for financing statements.

The following Committee substitute was read and adopted:

A BILL
To amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to provide for certain additional defined terms to be used in Article 9; to provide for filing in any county of the state; to provide for forms; to specify the information required to be submitted by secured parties registering their security interests; to provide for notice filings; to establish a central indexing system with the Geor gia Superior Court Clerks' Cooperative Authority for all financing statements; to provide for transitional provisions relating to existing financing statements and continuation state ments filed prior to the effective date of this Act; to provide for duties of the clerks of the superior courts; to provide filing fees for financing statements; to provide for other fees; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 11 of the Official Code of Georgia Annotated, known as the "Uni form Commercial Code," is amended by striking subsection (2) of Code Section 11-9-105, relating to definitions and an index of definitions, and inserting in lieu thereof a new sub section (2) to read as follows:

THURSDAY, MARCH 4, 1993

1443

"(2) Other definitions applying to this article and the Code sections in which they appear are:
'Account.' Code Section 11-9-106. 'Attach.' Code Section 11-9-203. 'Commission merchant.' Code Section 11-9-307(4). 'Construction mortgage.' Code Section 11-9-313(1). 'Consumer goods.' Code Section 11-9-109(1). 'Equipment.' Code Section 11-9-109(2). 'Farm products.' Code Section 11-9-109(3). 'Fixture.' Code Section 11-9-313(1). 'Fixture filing.' Code Section 11-9-313(1). 'General intangibles.' Code Section 11-9-106. 'Inventory.' Code Section 11-9-109(4). 'Lien creditor.' Code Section 11-9-301(3). 'Proceeds.' Code Section 11-9-306(1). 'Purchase money security interest.' Code Section 11-9-107. 'United States.' Code Section 11-9-103."
Section 2. Said title is further amended by striking Code Section 11-9-307, relating to protection of buyers of goods and commission merchants, in its entirety and inserting in lieu thereof the following:
"11-9-307. Protection of buyers of goods; commission merchants. (1) A buyer in ordinary course of business (subsection (9) of Code Section 11-1-201) other than a per son buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence.
(2) In the case of consumer goods, a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value, and for his own personal, family, or household purposes unless prior to the purchase the secured party has filed a financing statement covering such goods.
(3) A commission merchant who shall sell livestock or agricultural products for another for a fee or commission shall not be liable to the holder of a security interest created by the seller of such livestock or products even though the security interest is perfected where the sale is made in ordinary course of business and without knowledge of the perfected security interest.
(4) As used in this Code section, the term 'commission merchant' means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person."
Section 3. Said title is further amended by striking Code Section 11-9-401, relating to the place of filing, erroneous filing, and removal of collateral, and inserting in lieu thereof a new Code Section 11-9-401 to read as follows:
"11-9-401. (1) The proper place to file in order to perfect a security interest is as follows: with the clerk of the superior court of any county of the state.
\Si) WilCR tftft COllQTCFfti t8 CPOpS fOW1H[ Of TO i&C fOWH, Of $3 RHUGFfll9 Of flCCOUHl>8
9U DSCCt-lOIl \&7 Or OOQC OCC11OH J. i"U~XUOj Of
IS IllCd ftS ft IlXtUfC Ilifflg tHu tnC COlifltCffll 18 OOu8 Wi&lCfl ftfG Of ftfC tO DCCOHte IlXTM
turc&j uicn tR trie ottice wftofc ft moft&c OR uio fe&i e9ttie would BO tiled OF

when the debte* is a resident individual, the m the county where he resides; er whe the debtor is a partnership, ft corporation, ether business entity et individual, * a nonresident individual, then the county ef the debtor's principal pteee ef- business
tfk vfl!9 91616) DUc n lie ftftS DO plftCC Or 0X18111698 Hi vlllS SvfltC tilGTl 'ttt tftC COXlflty WflCFe ti!6 pfOpCfly t9 KCpt Of U9u IR LA19 9tfttG. n* tftO uCOtOf n&9 MlOfC UlCUV OHO plfi.CC Or
at his chief- executive office i this state.

1444

JOURNAL OF THE HOUSE,

piflccs PCQui'Fed Dy tin9 J^ode section is neveptiieiess eiiective with PCdFd to flny collflt" ep&i fts to wnicn trie riling compiicd witii Tfte pecjuipemcnts of tnis opticie fl.nct is &iso effective with regard te collateral covered fey the financing statement against any person whe has knowledge ef-the contents ef such financing statement.
43)--A filing which is made in the proper place in this state continues effective even txiou^f'tt tnc dcotop 9 residence OP pidce of Dusmess OP tne loccttion of tne collfltcpfli OP its ttse^ whichever controlled the original filing, is thereafter changed.
44) (2) The rules stated in Code Section 11-9-103 determine whether filing is neces sary in this state."
Section 4. Said title is further amended by striking Code Section 11-9-402, relating to formal requisites of financing statements, in its entirety and inserting in lieu thereof the following:
"11-9-402. (1) A financing statement is sufficient if it complies with the require ments of this Code section and gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, contains a statement indicating the types, or describing the items, of collateral, and, where both (i) the collateral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation or specifies that such obligation is not sub ject to a maturity date. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, or minerals or accounts subject to subsection (5) of Code Section 11-9-103, or when the financing statement is filed as a fixture filing (Code Sec tion 11-9-313) and the collateral is goods which are or are to become fixtures, the state ment must also comply with subsection (5) of this Code section. A copy ef the security
is signed by the debtor. 'Secured obligation" for purposes of this Code section and Code Section 11-9-403 shall include a loan or any series of advances of money pursuant to a loan agreement or undertaking or any forbearance to enforce a claim for the collection of money or any purchase price or any installment obligation or any other obligation.
(2) A financing statement which otherwise complies with subsection (1) of this Code section is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in:
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state, or when the debtor's location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtor's location was changed to this state under such circumstances; or
(b) Proceeds under Code Section 11-9-306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collat eral; or
(c) Collateral as to which the filing has lapsed; or (d) Collateral acquired after a change of name, identity, or corporate structure of the debtor (subsection (7) of this Code section). (3) A ferm substantially as followa is sufficient te comply with subsection 4t) ef this Code section: Financing statements and all amendments to such statements must be presented for filing on forms prescribed by the Georgia Superior Court Clerks' Coopera tive Authority.
iN&me of deotop \OP &ssinop7 **"t..........i..................................i........................i.....
nAu-lu-Ji-I--/O---- B ...............*..................(,..<...............................................................................
Name ef secured party 4er assignee).......................................................................................... Addrcaa 4tf both 4i) the collateral described consists only ef consumer geeds as defined Code occtiott ii"y~iuy find (tij T&e secured ooli^fltion is OPIinfliiy ipojuUv.vU OP less^ ivi&tUPIty date ef obligation..............................................................................................................................
fc--3%i9 financing statement covers the following types 4er items) ef- property!

THURSDAY, MARCH 4, 1993

1445

(Describe) ..................................................................................................................... 3:--Fer financing statements te be indexed the real estate records:

{Use whichever applicable te

The above craps are growing er are te be grown em

!Fhe above geeds are er are te become fixtures en;
^ LJCSCPl DC PGfil
!Fbe abeve minorala Of the Ithe (including eft and gas)

Ox tflC WC IT Of R1H1G OR!
\1-/&9CPiDC reft! cstfttej

And this financing statement is te be indexed m the real estate records.

\ii tftc dc Dtor deesnethave an interest of-

'tftc ncuuQ Or tiic owner er record lessee ofthe real estate is ......

&--(K products ef collateral are claimed)
r'POQUClS Of tftC COHfltCFfli ftfC u9O COVCFCu.

\ Use wiiiCiicvcr is applicable)

oi^nflturc ot dc Dtor \or assignor) ................

Signature of secured party {or assignee) ............ (4) A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effective ness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this article, unless the context otherwise requires, the term 'financing statement' means the original financing statement and any amendments. (5) A financing statement covering ereps growing er te be g*ewj or minerals ot the
11 KC \1HCIUQ1I1 Oil CUlCi ^ft9/ OF ftCCOUHlfl SUDJCCt vQ SU OSCCtlOn \o) Ot OOCIC ^j. i -f^iTMixAuQu, o,,_r t--x ii^i!i-ic^u-^i.V^':i_iig-- ^ajb.^tt^t^i/,-i^ii^u.-R.,,T^ ;III.UjlCJKA.CjyUj3 t^x^a t--t fHi--A^H..I.I--C fiiiii;ii^i^g /\vo/^uyvji^u Qoc^u^*i/-itu^

vn6 fCftl CSlfltC PCCOFdSj fiHU luG 11H&DC1II StfttCIQ6In UlUSt COIlttttR 'ft QCSCf1J}11OH Or tflC
FC&I cstftvC. IT tiic QC Dtor docs ftot ftftvc cin mtof9t Ot record itfl tftc FGCU C9tciicT ttie financing statement must shew the name ef the reeerd owner er record lessee. A financ ing statement covering crops growing, minerals or the like (including oil and gas) or accounts subject to Code Section 11-9-103, or a financing statement indexed as a fixture filing subject to Code Section 11-9-313, must show that it covers this type of collateral, must contain a reasonable description of the real estate, and must show the name of the record owner or record lessee of the real estate if the debtor does not have an interest of record in the real estate. Additionally, a notice filing for Uniform Commercial Code related real estate, on the form prescribed by^ the Georgia Superior Court Clerks' Coop erative Authority, must be filed in the real estate records with the office of the clerk of superior court in the county or counties in which the affected real estate is located. The uniform fee for filing, indexing, and stamping a copy of a notice filing for Uniform Commercial Code related real estate shall be as required by Article 2 of Chapter 6 of Title 15. In addition to the requirements set forth above and in subsection (1) of this Code section, a financing statement covering farm products must contain the following information:

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JOURNAL OF THE HOUSE,

(a) The farm product name and crop year subject to the security interest, except that no crop year need be designated if the security interest applies to every crop year for the duration of the filing;
(b) The social security number or, if other than a natural person, the Internal Rev enue Service taxpayer identification number of the debtor;
(c) Each county in the state in which the farm products are located; and (d) If needed to distinguish the farm products subject to such security interest from other farm products of the debtor not subject to such security interest, further details of the farm products, including, when applicable, the amount of the farm products subject to the security interest.
t,D/ IT \Bi) QQQCtS ftTG Or QTC to DCCOIT1C IlXtUPCS PClStCQ tO tftft PCfll CStftlC QC9CF1 DCCl tR
t mOfL&C Or tilC fCftl CSWHC^ \D/ tne ^OOuS ftfC QC9CF1 bed "tfl tfl DlOrv8 "By itfiHl "6t
\w wie mort^o.c complies witii trie reQuirements tof ft tin&ncin stfltcmenr ift tins
9CCtlOH flUu COI13p 1C UOU 3 ly StfllC9 OH ll/S IirSt |)fte tfl6tt re tS fllSO to ofr lllueXGd Ift
tfte index of financing stfltenieHt&j &fio. (d) TRC mortgage is cnuy recorded, TR& otoptg&ge is citective troni tiiG QQ.IC of rccopQing fts d iinincin 9tflt6mcirt iiled "18 ~fl fixture 'filing*
recording and sntiafaetion fees with respect te th mortgage. In order for goods which are or are to become fixtures related to real estate to be included in the central index described in Code Section 11-9-407, a financing statement complying with this Code sec tion must be filed.
(7) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership, or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Where the debtor so changes his name, or in the case of an organization, its name, identity, or corporate structure, that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.
(8) A financing statement substantially complying with the requirements of this Code section is effective even though it contains minor errors which are not seriously misleading."
Section 5. Said title is further amended by striking Code Section 11-9-403, relating to what constitutes filing; Code Section 11-9-404, relating to termination statement; Code Section 11-9-405, relating to assignment of security instruments; and Code Section 11-9-406, relating to release of collateral, in their entirety and inserting in lieu thereof the following:
"11-9-403. (1) Presentation for filing of a financing statement and tender of the fil ing fee or acceptance of the statement by the filing officer constitutes filing under this article.
(2) Except as provided in subsections (6) and (8) of this Code section a filed financ ing statement is effective for a period of five years from the date of filing or until the twentieth day following any maturity date specified in the financing statement, which ever is earlier. Except as provided in subsection (8) of this Code section, the effective ness of a filed financing statement lapses on the earlier of the expiration of the five-year period or the twentieth day following any maturity date specified in the financing state ment unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insol vency proceedings and thereafter for a period of 60 days or until the normal expiration date of the financing statement, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a per son who became a purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured party within six months prior to the expiration date specified in subsection (2) of this Code section. Any such

THURSDAY, MARCH 4, 1993

1447

continuation statement must be signed fey the secured party, identify the original statemcnt Dy tiie numDcr, state trie opi^nifti statement is still enectivc, and> wnepe both \\y

ii^yTM J.Uu olid \U/ til6 Secured OOilgOtlOn 19 dCIined m 9UDSCCt1OH TTJ * t/Ode QeCwOft
1t 11 _TMOy m_tj\JjA?i TiqO rtn/riicgriir1>1annlliyr (jEpKu }uftfw tfV.fwifi or>rr ilfi*iaiQa, Honj/*ju/*u!nfiyr fcV-min? uynicnitLuruini'Ttyj urtnni+/co oe\rf tmVieo oancfcIIuITrIcIu^ u^Vi/\1iiifgTai .
tie er specify that such obligation is net subject te a maturity date, If-the debtor's restdence OP principal piflce ot business or the loccttion 'Of tfte collateral ~HS tnis suite nets cnonged since tne opi^inoi tiling so that tnc oitice wnepe inst tiling WAS ixutoo is RO
tien 11-0-401, then the continuation statement shall be filed the office where it is tnen proper to iiie ofiinsi stfttcmcnts flno sno.il PCcite tftc oitice wncfc tnc ofigin&i statement is filed ael its fite number in that office presented on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority for continuation state ments and must identify the file number of the original statement, state that the origi nal statement is still effective, and contain all of the information required under Code Section 11-9-402 for an original financing statement. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original state ment is continued for a period of five years after the date to which the filing was effec tive or until the twentieth day following any maturity date specified in the continuation statement, whichever is earlier, whereupon it lapses in the same manner as provided in subsection (2) of this Code section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement.
(4) A filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the state ments according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement, h* addition te the indexing required k the previous sentence, statements covering the collateral enumerated in swbscction f?) ef this Code section shall fee indexed as provided i that subsection.
(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation state ment shall be as required by Article 2 of Chapter 6 of Title 15.
(6) A real estate mortgage filed prior to July lj 1994, which is effective as a fixture filing under subsection (6) of Code Section 11-9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise termi nates as to the real estate. On and after July 1^ 1994, a real estate mortgage may not be filed as a fixture filing under Code Section 11-9-402.
(7) When a financing statement covers crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103, or is filed as a fixture filing, the filing officer shall else index it a notice filing for Uniform Commercial Code related real estate on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority must be filed in the real estate records in the county or counties where the real estate is located, which notice filing will be indexed under the name of any owner or lessee of record if any is shown thereon, or if no such name is shown, under the name of the debtor in the same fashion as if they were the mortgagors in a mortgage of the real estate described. Where a mortgage is
a ft fjv f nrr filing iinHnr QiiViqpr"tiAin /fi\ f\f fVw4p Ri*ptiAn 11 _Q_Afl? fKf>n thr fill TIP*
sno.il fliso index tne mOPtfle t& trie index of tinoncing stfttcments under tne OT tile mopt&goP AS dcotop. (8) Except as provided in subsection (6) of this Code section, any financing state ment or continuation statement which was filed on or after July 1, 1985, which described collateral not consisting only of consumer goods as defined in Code Section 11-9-109, or for which the secured obligation as defined in subsection (1) of Code Section 11-9-402

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originally was greater than $5,000.00, is effective for a period of five years from the date of filing notwithstanding any maturity date specified in any such financing or continua tion statement and notwithstanding any provision of prior law to the contrary, unless such financing statement or continuation statement lapsed prior to March 26, 1986.
11-9-404. (1) Whenever there is no outstanding secured obligation and no commit ment to make advances, incur obligations, or otherwise give value, the secured party shall file a termination statement on a form prescribed by the Georgia Superior Court Clerks' Cooperative Authority for termination statements with each filing officer with whom the financing statement was filed to the effect that he no longer claims a security interest under the financing statement, which shall be identified by the file number of the original statement. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assign ment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. If the affected secured party fails to send such a termination statement within 60 days after the debt has been paid in full, he shall be liable to the debtor for $100.00 and, in addition, for any loss caused to the debtor by such failure.
(2) On presentation to the filing officer of such a termination statement he must note it in the indx mark the statement with the hour and date of filing and shall index the termination statement according to the name of the debtor and the file number of the original statement and shall note in the index the address of the debtor. If he has received the termination statement in duplicate, he shall return one copy of the termina tion statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement, and of any related continuation statement, statement of assignment, and statement of release, he may remove the originals from the files at any time after receipt of the termi nation statement, or if he has no such record, he may remove them from the files at any time after one year after receipt of the termination statement.
(3) The uniform fee for filing and indexing a termination statement of a financing statement filed prief te My 4; 1081, shaH fee $1.00. The termination fee shall fee included ift tiic riling tec top tnc tirMHicing 91stcroeirt tiled su DscQiicnt- TO uuiy TJ jLUoi. shall be as required by Article 2 of Chapter 6 of Title 15.
11-9-405. (1) A financing statement may disclose an assignment of a security inter est in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section 11-9-403(4). The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Article 2 of Chapter 6 of Title 15.
(2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the place office of the clerk of the superior court of the county where the original financing statement was filed of a separate written statement of assignment on the form prescribed by. the Georgia Superior Court Clerks' Cooperative Authority, signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and containing a descrip tion of the collateral assigned. A eepy ef the assignment is sufficient as a separate state meat if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement of assignment, the filing officer shall mark such separate statement with the date and hour of the filing. He shall ete the assignment e the de of the financing statement, and i the ease ef- a fixture filing, er a filing covering crops growing OP to De POWU, OP covenn mmeFQ.IS} OP tnc HKe \including on emu gus
assignment df the Dame ef the assignor as grantor the real estate records. In addi tion, he or she shall index the separate statement of assignment according to the name of the debtor and shall note in the index the file number and the address of the debtor.

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The uniform fee for filing, indexing, and stamping a copy of such a separate statement of assignment shall be as required by Article 2 of Chapter 6 of Title 15.
(3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record.
11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it containsz on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assign ment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and
QLtG OI tiling U1Q Slift11 HOt6 IIlC 9ftHI UpOfi til HlftF^lIl Or tl!6 1HU6X Or ttlC rlllH Or tft
financing statement index the statement of release according to the name of the debtor and shall note in the index the file number and the address of the debtor. The uniform fee for filing and noting such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15."
Section 6. Said title is further amended by adding at the end of Code Section 11-9-407, relating to information from the filing officer and destruction of old records, three new subsections, to be designated as subsections (3), (4), (5), and (6), to read as fol lows:
"(3) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent or agents shall develop and implement a central indexing system containing sub stantially the information included on financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, and other documents related to personal property as may be filed pursuant to this part. The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall, within 24 hours after receipt of the filing infor mation required by Code Section 15-6-61, include such data in the central indexing sys tem and make such information available to the public through the central index. Weekends and holidays shall not be included in the calculation of the 24 hour period.
(4) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall provide oral confirmation regarding the existence or nonexistence of an entry in the central index within 24 hours of receipt of a request complying with the rules and regulations of the authority and the payment of such fees as may be required by the authority, which oral confirmation must be followed by a written confirmation.
(5) The Georgia Superior Court Clerks' Cooperative Authority shall issue such rules and regulations, including prescribing required forms of documents, as appropriate to develop and implement the central indexing system described in this Code section and is further authorized to set and collect fees for incidental services and information pro vided by the authority or its designated agent with respect to the central indexing sys tem if such fees are not otherwise prescribed by law.
(6) The Georgia Superior Court Clerks' Authority shall not be authorized to issue regulations to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certifica tion of such notification system by the Secretary of the United States Department of Agriculture."
Section 7. Said title is further amended by adding at the end thereof a new Article 12 to read as follows:
"ARTICLE 12 REVISIONS TO ARTICLE 9 FILING
11-12-101. Effective date. This Act shall become effective at 12:01 A.M. on July 1, 1994.

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11-12-102. Transition provisions. (1) A financing statement or continuation state ment filed prior to July 1, 1994, which shall not have lapsed prior to July 1, 1994, shall remain effective for the period provided in Code Section 11-9-403 as in effect immedi ately prior to July 1, 1994.
(2) The effectiveness of any financing statement or continuation statement filed prior to July 1, 1994, may be continued by a continuation statement as permitted by Code Section 11-9-403, except that if Code Section 11-9-401(1) as in effect on July 1, 1994, requires a filing with the clerk of superior court of any county of the state with respect to collateral of the type described in such financing statement or continuation statement, the effectiveness of such financing statement or continuation statement with respect to such collateral may be continued only by the filing of a new financing state ment signed by either the debtor or the secured party with the clerk of superior court of the county where the original statement was filed, or if filed in multiple counties, then in any one of the original counties. This financing statement must contain the information required by the first sentence of Code Section 11-9-402(1) and must further identify the prior financing statement, the office where and the date when the last filing was made with respect thereto, and the filing number or other recording information, and further state that the prior financing statement is still effective. Except as specified in this subsection, the provisions of Code Section 11-9-403(3) for continuation state ments apply to such a financing statement."
Section 8. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-6-61, relating to the duties of the clerks of the superior courts, in its entirety and inserting in lieu thereof the following:
"(a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at the county site
and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court in the performance of the duties of the
clerk; (3) To issue and sign every summons, writ, execution, process, order, or other
paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted;
(4) To keep in the clerk's office the following dockets or books: (A) A civil docket which shall contain separate case number entries for all civil
actions filed in the office of the clerk, including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions;
(B) A criminal docket which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceed ings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed;
(C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor;
(D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes;
(E) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, or other documents concerning or evidencing title to real property, where not otherwise specifically provided for; and
(F) An attachment docket, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on;

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(5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference;
(6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; provided, however, the clerk may consent that these publications be maintained in the public law library;
(7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done;
(8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released;
(9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals;
(10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signa ture, or mechanical printing;
(11) To attest deeds and other written instruments for registration; (12) To administer all oaths required by the court and to record all oaths required by law; aael (13) To transmit within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termination statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such infor mation in the central indexing system administered by such authority; provided, how ever, that weekends and holidays shall not be included in the calculation of the 24 hour period; (14) To remit to the Georgia Superior Court Clerks' Cooperative Authority a por tion of all fees collected with respect to the filings of financing statements, amend ments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, or any other documents related to personal property and included in the central index, in accordance with the rules and regulations of such authority regarding the amount and payment of such fees; provided, however, that such fees shall be remitted to the authority not later than the tenth day of the month following the collection of such fees, and the clerk shall not be required to remit such fees more often than once a week; and {13} (15) To perform such other duties as are or may be required by law or as nec essarily appertain to the office of clerk of the superior court."
Section 9. Said title is further amended by striking Code Section 15-6-77 of the Offi cial Code of Georgia Annotated, relating to filing fees of the superior courts, in its entirety and inserting in lieu thereof the following:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclu sive of costs for service of process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court is paid or com pensated on a salary basis, the eests fees provided for in this Code section shall be paid

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into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 and such sums as are collected pursuant to Code Sec tion 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authori ties as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is indigent as pro vided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.
(e) Costs in civil cases: (1) As used in this subsection, the term 'civil cases' shall include all actions, cases,
proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, con demnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph (3) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of rev enue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ..........................................$ 1.00
All bonds over 500, each..................................................................................... .50
(B) Recording on final record, per page................................................................ 1.50
(4) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1) (A) Filing all instruments pertaining to real estate and per sonal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information of utilities, and cancella tion of deeds, liens, and writs of fieri facias, first page ...................$ 4.50
Each page, after the first................................................................................. 2.00
(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title U^ first page......................................... fc09 10.00

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Each page, after the first................................................................................. 2.00
(2) Filing maps or plats, each page......................................................................... 7.50
{3)--Entering cross-reference feai ael personal property indices, pe instrument..
{4) (3) For processing an assignment of a security deed, for each deed assigned....................................................................................................... 4.50
(g) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise speci fied, first page....................................................,.............................................$ 5.00
Each page, after the first..................................................................................... 2.00
(2) Uncertified copies of documents, if no assistance is required from the office of the clerk of superior court, per page. ......................... .

Uncertified copies, if transmitted telephonically or electronically, first page........................................................................................................... 2.50
Each page, after the first..................................................................................... 1.00
(3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches...................................................................................... 2.00
(4) Certification or exemplification of record, including certificates and seals, first page ........................................................................................ 2.50
Each page, after the first..................................................................................... .50
(5) Clerk's certificate................................................................................................. 1.00
(6) Court's seal........................................................................................................... 1.00
(7) The clerk may provide computer data or computer generated printouts of public records subject to disclosure maintained on computer by2 or available to, the clerk, for each page or partial page of printed data or copies of such or its equivalent.................................................................................................................. 2.50
Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized com puter compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to pro vide copies of, copyrighted computer programs or any other computer programs in violation of any software license agree ment or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as pro vided in Code Section 40-9-40........................................................................ 3.00
(9) Issuing certificate of appointment and reappointment to nota ries public, as provided by Code Section 45-17-4....................................... 13.00
(10) Registering and filing trade names pursuant to Code Section 10-1-490............................................................................................................ 8.00

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(11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each......................................................................... 1.00
(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page............................................................................ 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such tran script but shall receive, for filing and transmission of such transcript, a fee of.......................................................................................... 5.00
(13) Issuing jury scrip or check, each....................................................................... .30
(14) For each day of service in attendance upon the courts................................ 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation.
(15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases.
(16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases.
(17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation................................................................................ 20.00
(B) Articles of amendment................................................................................... 20.00
(C) Restated articles.............................................................................................. 20.00
(D) Merger.............................................................................................................. 20.00
(E) Dissolution....................................................................................................... 20.00
(F) Involuntary dissolution................................................................................... no fee
(G) Consolidation and merger.............................................................................. 20.00
(H) Certificate of election to dissolve................................................................. 20.00
(I) Order approving change of principal office.................................................. no fee
(J) Articles of incorporation as required by Code Section 46-5-100.............. 20.00
(h) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations........................................................................................$ 3.00
(2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91.................................................................................................. 1.00
(3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12............................................................................................... 1.00
(4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50......................... 5.00

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(5) Preparation and transmission of documents to superior court sen tence review panel in accordance with Code Section 17-10-6, first copy, per page.......................................................................................... 1.50
Subsequent copies, per page............................................................................... .50
(6) Preparation and furnishing copy of the record of appeal in crimi nal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page......................................... 1.50
Clerk's certificate.................................................................................................. 1.00
The clerk shall not receive compensation for the transcript of evi dence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum.
(i) No fees shall be charged for the following: \i)--Finng d termination of ft financing statement fts proviuco. tft oodo QCCWOR
i t r\ rtfljl-
{2} (1) Filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405;
{3} (2) Recording discharge certificates of veterans, as provided in Code Section 15-6-78;
{4} (3) Recording and certifying documents in connection with admission to prac tice law. (j) All laws in force in this state which provide compensation for clerks of the supe rior courts for the discharge of duties not enumerated in this Code section nor in con flict with this Code section shall remain in full force and effect. (k) No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same. (1) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such addi tional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law. (m) The sheriffs of this state shall not be required to pay recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures."
Section 10. Sections 1, 2, 3, 4, 5, 6, 7, and 8 of this Act shall become effective at 12:01 A.M. on July 1, 1994. Section 9 of this Act shall become effective January 1, 1994.
Section 11. 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 243. By Representatives Chambless of the 163rd, Thomas of the 100th, Hammond of the 32nd and Floyd of the 172nd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to create the Georgia Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation.

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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 Anno tated, relating to clerks of superior courts, so as to create the Georgia Superior Court Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a definition; to provide for the purposes of the authority; to provide for the membership of the authority; to provide for terms of the members; to provide for the administration of the authority; to provide for the powers of the authority; to provide for tax exempt status of the authority; to provide for jurisdiction of actions brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for liberal construction; to provide for related mat ters; to provide for the filing of proposed charges; 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 Anno tated, relating to clerks of superior courts, is amended by adding a new Code Section 15-6-94 to read as follows:
"15-6-94. (a) (1) There is established the Georgia Superior Court Clerks' Coopera tive Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(2) As used in this Code section, the term 'authority' means the Georgia Superior Court Clerks' Cooperative Authority.
(3) The purpose of the authority shall be to provide a cooperative for the develop ment, acquisition, and distribution of record management systems, information, ser vices, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity;
(B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materi als;
(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and
(D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority. (b) (1) The authority shall consist of seven members as follows: two members appointed by the president of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed; two members appointed by the president of the Superior Court Clerks' Association of Georgia to serve for a term of two years each and until their respective successors are appointed; one member appointed by the Executive Board of Association County Commissioners of Georgia to serve for a term of three years and until such member's respective successor is appointed; and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed. After the initial appointments, all members thereafter shall serve for terms of three years each.
(2) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimburse ment from funds of the authority in the same manner as provided for in Code Section

THURSDAY, MARCH 4, 1993

1457

45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(3) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority.
(4) The board may, in its discretion, appoint an executive director as the adminis trative head of the authority and shall set his or her salary. Unless the board appoints an executive director, the president of The Council of Superior Court Clerks of Geor gia shall serve as the executive director and administrative head of the authority. If the president of The Council of Superior Court Clerks of Georgia serves as the admin istrative head of the authority, he or she may appoint a person as assistant director and delegate such of his or her powers and duties to such assistant as he or she desires. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifi cations and set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.
(5) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations.
(6) The authority shall have perpetual existence. (c) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16.
(d) The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments
necessary or convenient to exercise the powers of the authority or to further the pub lic purpose for which the authority is created;
(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority;
(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for any or all of the purposes specified in this Code section and to comply, subject to the provisions of this Code section, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services fur nished by it to any individual or private entity; provided, however, a schedule of pro posed fees and charges shall be filed with the Clerk of the House of Representatives
and the Secretary of the Senate by January 2, 1994, and annually thereafter for such action as the General Assembly may desire to take thereon, if any;
(7) To deposit or otherwise invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general
obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To exercise any power granted by the laws of this state to public or private
corporations which is not in conflict with the public purpose of the authority; and

1458

JOURNAL OF THE HOUSE,

(9) To do all things necessary or convenient to carry out the powers conferred by this Code section and to carry out such duties and activities as are specifically imposed upon the authority by law. (e) The creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and in no event shall the authority assess a fee against a superior court clerk's office or local government of this state for access to the information compiled by the authority. The authority will perform an essential government function in the exercise of the powers conferred upon it by this Code section. The authority shall not be required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. (f) Any action against the authority shall be brought in the Superior Court of Gwinnett County, Georgia, and such court shall have exclusive, original jurisdiction of such actions; provided, however, actions seeking equitable relief may be brought in the county of residence of any member of the authority. (g) All money received by the authority pursuant to this Code section shall be deemed to be trust funds to be held and applied solely as provided in this Code section. (h) The provisions of this Code section shall be deemed to provide an additional and alternative method for doing things authorized by this Code section and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. (i) This Code section, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof."
Section 2. On or before January 2, 1994, the authority shall file with the Clerk of the House of Representatives and the Secretary of the Senate a schedule of proposed charges for information and services to be furnished.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 554. By Representatives Wall of the 82nd, Dix of the 76th, Mobley of the 86th, Johnson of the 84th, Crews of the 78th and others:
A bill to amend Code Section 48-5-32.1 of the Official Code of Georgia Anno tated, relating to the certification of assessed taxable value of property and method of computation, so as to require a taxing jurisdiction to take certain actions with respect to certifying its millage rate.

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 Ashe Y Atkins Y Bailey Y Baker

Y Bannister Y Barfoot Y Bargeron Y Barnes

Y Bates Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks.D Y Brooka.T

Brown Y Buck Y Buckner Y Bunn

THURSDAY, MARCH 4, 1993

1459

Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman,B Y Coleman.T
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis,G Y Davis.M Y Dickinson YDix Y Dixon.H Y Diion.S E Dobbs
Dover Y Ehrhart

YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B
Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J

Y Johnston Jones
Y Joyce YKaye
Y Kinnamon Y Klein
YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas
Maddox E Mann Y Martin Y McBee
McClinton McKinney,B
Milam Y Mills
Y Mobley.B Y Mobley.J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock

Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
Poag
Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfleld Y Skandalakis Y Skipper
Y Smith.C Y Smith,L Y Smith.P Y Smith.T

Y Smith,V Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts
Y Westmoreland White
Y Williams.B Y Williams.R Y Yates
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.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 73. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational pro grams, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, com pensation and expenses, and powers and duties; to provide for duties of the Department of Education.

The following amendment was read:

Representative Johnson of the 153rd moves to amend SB 73 as follows:
On page 2, line 4, delete "Governor" and substitute "Speaker of the House and Lt. Governor"
On line 8, between "the" and "Governor", add "Speaker of the House and Lt.".

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

Y Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot

Y Bargeron N Barnes
Bates Y Benefield
N Birdsong N Bordeaux

Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown NBuck

Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty

Carlisle Y Carrell Y Carter
Cauthorn Y Chambless
Y Chandler

1460

JOURNAL OF THE HOUSE,

N Channel! Y Childers Y Clark Y Coker Y Coleman,B
Coleman.T
N Colwell Y Connell
YCox Y Crawford Y Crews
Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon,S E Dobbs
Dover Y Ehrhart
Epps Y Evans
Y Felton Y Floyd.J.M Y Floyd,J.W N Godbee Y Golden
Y Goodwin

Y Greene N Groover Y Hammond Y Banner Y Harris.B Y Harris.M NHart
Heard Y Hegstrom Y Hembree N Henson N Holland Y Holmes Y Howard
Y Hudson Y Hughes N Hugley Y James N Jamieson Y Jenkins
Johnson.D.H Y Johnson,E N Johnson,G Y Johnson ,J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein

YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee
Lewis Lord
Y Lucas Y Maddox E Mann N Martin
Y McBee N McClinton Y McKinney.B Y Milam Y Mills
N Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett N Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster YPoag
Polak N Porter
Poston Y Powell
Y Purcell N Randall N Randolph
Ray Reaves Reichert N Roberts
Y Royal E Scoggins
Shanahan N Sherrill Y Shipp N Simpson Y Sinkfield Y Skandalakis Y Skipper
Smith.C Y Smith,L N Smith,P
Smith.T Y Smith.V Y Smith,W

On the adoption of the amendment, the ayes were 115, nays 33. The amendment was adopted.

Smyre YSnow Y Stancil,F Y Stancil.S
Stanley,L Y Stanley,? Y Stephenson Y Streat N Taylor
N Teague NTeper N Thomas.C Y Tillman
Titus Y Towery Y Trense N Turnquest
Twiggs
Y Vaughan Walker
Y Wall Y Watson
Y Watts Y Westmoreland Y White N William8,B Y WiUiams,R Y Yates Y Yeargin
Murphy,Spkr

Representative Baker of the 70th moved that the House reconsider its action in adopt ing the Johnson amendment.
On the motion, the roll was called and the vote was as follows:

N Ashe N Atkins N Bailey Y Baker N Bannister Y Barfoot N Bargeron Y Barnes
Bates N Benefleld Y Birdsong Y Bordeaux N Bostick N Breedlove N Brooks,D N Brooks.T
Brown YBuck N Buckner NBunn N Burkhalter NByrd N Campbell
Y Canty Carlisle
N Carrell N Carter
Cauthorn N Chambless N Chandler Y Channell N Childers N Clark N Coker N Coleman.B N Coleman.T

Y Colwell
N Connell NCox N Crawford N Crews
Culbreth Y Cummings
Davis.G N Davis.M N Dickinson NDix Y Dixon.H N Dixon,S
E Dobbs Dover
N Ehrhart Epps
N Evans N Felton
N Floyd,J.M N Floyd,J.W
Y Godbee N Golden
N Goodwin N Greene
Groover N Hammond N Hanner N Harris.B N Harris.M YHart
Heard Y Hegstrom
N Hembree Y Henson Y Holland

N Holmes N Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins
Johnson,D.H N Johnson.E Y Johnson.G N Johnson,J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane,D N Lane.R N Lawrence N Lawson NLee
Lewis NLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton N McKinney,B N Milam N Mills

Y Mobley.B N Mobley,J N Moore N Mosley N Mueller
Oliver
N O'Neal Y Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry N Pinholster
NPoag Polak
Y Porter N Poston N Powell
N Purcell Y Randall Y Randolph
Ray Y Reaves
Reichert
Y Roberts N Royal E Scoggins
Shanahan Y Sherrill N Shipp
Y Simpson N Sinkfield N Skandalakis N Skipper

Smith.C N Smith.L Y Smith,? N Smith.T N Smith.V N Smith.W
Smyre NSnow N Stancil.F N Stancil,S
Stanley,L Y Stanley,? N Stephenson N Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman
Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan
Walker Wall N Watson N Watts N Westmoreland Y White Y Williams,B N Williams,R N Yates N Yeargin Murphy.Spkr

THURSDAY, MARCH 4, 1993

1461

On the motion, the ayes were 43, nays 107. The motion was lost.

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

N Ashe Y Atkins
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn N Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler N Channel! Y Childers N Clark Y Coker Y Coleman.B Y Coleman,T

Y Colwell Y Connell
YCox N Crawford N Crews Y Culbreth Y Cummings
Davis,G N Davis.M N Dickinson
NDii Y Diion.H Y Dixon,S E Dobbs
Dover N Ehrhart
Epps N Evans Y Felton
Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Y Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris,B N Harris.M
YHart Heard
Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson.J N Johnston
Jones N Joyce
NKaye Y Kinnamon Y Klein NLadd N Lakly YLane,D N Lane,R N Lawrence YLawson YLee
Lewis YLord Y Lucas N Maddoi E Mann Y Martin YMcBee
McClinton Y McKinney3
Milam N Mills

Y Mobley,B Y MobleyJ N Moore
Y Mosley N Mueller Y Oliver Y O'Neal YOrrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
N Pinholster YPoag
Polak
Y Porter YPoston Y Powell Y Purcell YRandall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Royal
E Scoggins YShanahan Y Sherrill N Shipp Y Simpson Y Sinkfield N Skandalakis
Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T N Smith.V N Smith,W
Smyre YSnow Y Stancil.F N Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas.C Y Tillman
Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan
Walker N Wall Y Watson
Y Watts N Westmoretand Y White Y Williams,B Y Williams.R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 119, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tern assumed the Chair.

HB 786. By Representatives Hudson of the 156th, Reaves of the 178th, Royal of the 164th, Ray of the 128th, Bostick of the 165th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use tax, so as to provide for an exemption for certain sales of fruits, nuts, vegetables, Vidalia onions, or truck crops.

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:

1462

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell
Connell YCox Y Crawtord Y Crews
Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson
YDix Y Dixon,H Y DUon,S E Dobbs
Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin
Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harri,M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson,G Y Johnson,J
Y Johnston Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly Y Lane,D YLane.R Y Lawrence YLawson YLee Y Lewis YLord Y Lucas Y Maddox
EMann Y Martin
Y McBee Y McClinton Y McKinney.B
YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter
Y Poston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L
Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper
Y Thomas.C Y Tillman
Titus Y Towery YTrense Y Turnquest
Twiggs Y Vaughan
Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams.B
Y Williams,R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 630. By Representatives Twiggs of the 8th, Dover of the 9th, Parham of the 122nd, Parrish of the 144th and Hughes of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the "Motor Fuel Tax Law," so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish minimum documentation for interstate and international shipments of motor fuels.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks.D Y Brooks.T

Brown YBuck
Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers

Y Clark
Y Coker Y Coleroan.B Y Coleman.T
Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson YDix Y Dixon,H

Y Dixon.S E Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond Y Hanner

Y Harris,B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins

THURSDAY, MARCH 4, 1993

1463

Johnson,D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee
Lewis YLord Y Lucas

Y Maddox E Mann
Martin YMcBee Y McClinton Y McKinney.B Y Milam Y Mills Y Mobley,B
MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Y Padgett YParham Y Parrish
Patten

Y Pelote Y Perry Y Pinholster YPoag
Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves
Reichert
Y Roberts Y Royal B Scoggins Y Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Y Thomas.C Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was again taken up for consideration:

HR 66. By Representatives Ray of the 128th, Walker of the 141st and Floyd of the 138th:
A resolution creating the Joint Study Committee on Sludge.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 66 as follows: Strike "ten" on line 14 page 2 and insert "five".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell

Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childere Y Clark Y Coker Y Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson

YDix Y Dixon.H Y Dixon,S E Dobbs
Dover Y Ehrhart
YEpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W
God bee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly

Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox EMann
Martin Y McBee Y McClinton Y McKinney.B Y Milam Y Mills Y Mobley,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal

1464

JOURNAL OF THE HOUSE,

YOrrock Y Padgett YParham Y Fairish
Patten Y Pelote Y Perry YPinholster YPoag
Polak Y Porter
Y Poston Y Powell

Y Purcell
Randall Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal
EScoggins Y Shanahan Y Sherrill Y Shipp Y Simpson

Y Sinkfield Y Skandalakis Y Skipper
Y Smith.C Y Smith.L Y Smith,P Y Smith.T Y Smith,V
Smith.W Smyre Y Snow Y Stancil,F
Y Stancil.S

Y Stanley,L Y Stanley.P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas,C Y Tillman
Titus
Y Towery Y Trense Y Turnquest

Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y WiUiams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 156, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

HB 648. By Representative Lord of the 121st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance rates, underwriting rules, and rating organiza tions, so as to revise provisions relative to premium discounts for drivers meeting certain requirements and completing certain courses.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to revise provisions relative to premium discounts for drivers meeting certain requirements and completing certain courses; to provide for requirements for drivers under the age of 25; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by striking Code Section 33-9-42, relating to eligibility for reductions in premiums for motor vehicle insurance policies, and inserting in its place a new Code Section 33-9-42 to read as follows:
"33-9-42. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, first-party medical, and collision coverages to the policyholder if all named drivers, as listed or who should be listed on the policy application or provided in information sub sequent to such application, of each motor vehicle covered by such policy satisfy the requirements of subsection (b) or subsection (c), as applicable, of this Code section.
(b) Reductions in premiums shall be available if all named drivers who are 25 years of age or older:
(1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter:
(2) Have had no claims based on fault against an insurer for the prior three years; and
(3) Complete one of the following types of driving courses:

THURSDAY, MARCH 4, 1993

1465

(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Public Safety;
(B) An emergency vehicles operations course at the Georgia Public Safety Train ing Center;
(C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the stan dards promulgated by the Department of Public Safety pursuant to subsection (f) of this Code section; or
(D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate families, which course has been approved by the Department of Public Safety. (c) Reductions in premiums shall be available if all named drivers who are under 25 years of age: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete a preparatory course offered to new drivers of not less that 30 hours of classroom training and not less than six hours of practical training by a driver's training school approved by and under the jurisdiction of the Department of Public safety or by an accredited secondary school, junior college, or college. (e) (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not com mit a traffic offense or have a claim against the policy based on any such driver's fault.
requirements of-only the requirements of 4 ad 2 OR page 42 en tines 29 through 32:
(e) The Department of Public Safety shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement pro grams administered by nonprofit organizations, and commercial or noncommercial driv ing schools approved by the Department of Public Safety that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
(f) Bach insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such dis counts in a form acceptable to the Commissioner.
(g) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Public Safety shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or paragraph (3) of subsection (c) of this Code sec tion, at any location in this state.
(h) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) or subsection (c), as applicable, of this Code section."

1466

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

N Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong N Bordeaux N Bostick N Breedlove
Brooks.D N Brooks,T
Brown YBuck Y Buckner NBunn N Burkhalter
YByrd N Campbell N Canty
Carlisle
Y Carrell N Carter Y Cauthorn Y Chambless Y Chandler N Channell Y Childers Y Clark
Coker
Y Coleman,B Y Coleman.T

Y Colwell
Connell YCox
N Crawford N Crews Y Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson
Dix Y Dixon.H Y Dixon.S E Dobbs Y Dover Y Ehrhart Y Epps
N Evans Felton
Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover N Hammond
Hanner Y Harris.B Y Harris,M YHart Y Heard N Hegstrom N Hembree
Henson Y Holland

N Holmes N Howard Y Hudson Y Hughes Y Hugley N James N Jamieson N Jenkins
Johnson,D.H Y Johnson.E N Johnson,G Y Johnson.J Y Johnston
Jones N Joyce YKaye N Kinnamon N Klein
YLadd N Lakly YLane.D YLane.R Y Lawrence N Lawson YLee
Lewis YLord
Y Lucas N Maddox E Mann Y Martin YMcBee Y McClinton N McKinney.B Y Milam N Mills

N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller
Oliver Y O'Neal NOrrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pinholster YPoag
Polak N Porter Y Poston Y Powell Y Purcell NRandall Y Randolph NRay Y Reaves
Reichert Y Roberts Y Royal E Scoggins
Shanahan Y Sherrill Y Shipp N Simpson
Sinkfield N Skandalakii Y Skipper

Smith.C N Smith,L N Smith,P Y Smith.T Y Smith,V
N Smith,W Smyre
YSnow N Stancil,F Y Standl.S Y Stanley,!, Y Stanley,? Y Stephenson
Y Streat Y Taylor NTeague NTeper Y Thomas,C Y Tillman Y Titus Y Towery
N Trense N Turnquest YTwiggs Y Vaughan
Walker
N WaU Y Watson
Y Watts N Westmorland Y White N Williams.B Y Williams.R
N Yates Y Yeargin
Murphy,Spkr

On the adoption of the Committee substitute, the ayes were 97, nays 56. The Committee substitute was adopted.

Representative Smith of the 109th moved that the House reconsider its action in adopting the Committee substitute to HB 648.
On the motion, the roll call was ordered and the vote was as follows:

YAshe N Atkins N Bailey Y Baker N Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick Y Breedlove
Brooks.D Y Brooks.T
Brown NBuck N Buckner N Bunn N Burkhalter

NByrd Y Campbell Y Canty
Carlisle N Carrell N Carter
N Cauthorn N Chambless N Chandler Y Channel! N Childers N Clark
Coker Y Coleman.B N Coleman.T N Colwell
Connell NCox Y Crawford Y Crews N Culbreth

N Cummings Davis.G
Y Davis,M N Dickinson NDix Y Dixon.H N Dixon.S E Dobbs N Dover N Ehrhart NEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
NGodbee N Golden YGoodwin N Greene N Groover N Hammond

Hanner N Harris,B Y Harris.M NHart
Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Howard N Hudson N Hughes N Hugley Y James Y Jamieson N Jenkins
Johnson,D.H N Johnson,E N Johnson.G N Johnson.J

N Johnston
Jones Y Joyce NKaye Y Kinnamon Y Klein
NLadd Y Lakly N Lane,D NLane.R Y Lawrence N Lawson NLee
Lewis NLord N Lucas Y Maddox E Mann N Martin NMcBee N McClinton

THURSDAY, MARCH 4, 1993

1467

Y McKinney,B N Milam Y Mills N Mobley,B N Mobley.J Y Moore
N Mosley Y Mueller
Oliver N O'Neal YOrrock N Padgett NParham N Fairish
Patten

N Pelote N Perry Y Pinholster
NPoag Polak
Y Porter YPoston N Powell N Purcell YRandall N Randolph
YRay N Reaves
Reichert N Roberts

N Royal E Scoggins
Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield Y Skandalakis
N Skipper Smith.C
Y Smith,L Y Smith,P N Smith,T N Smith,V Y Smith,W

Smyre NSnow Y Stancil,F Y Stancil.S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor YTeague YTeper
Thomas,C NTillman N Titus N Towery

Y Trense Y Turnquest NTwiggs N Vaughan
Walker Y Wall N Watson N Watts Y Westmorland Y White Y Williams,B N Williams.R Y Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 58, nays 98. The motion was lost.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks,T
Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCoi Y Crawford
N Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson
YDix Y Di*>n,H Y Diion,S EDobbs Y Dover YEhrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden YGoodwin
Y Greene Y Groover Y Hammond
Hanner Y Harris,B Y Harris,M YHart Y Heard
Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson.D.H Y Johnson.E Y Johnson.G Y JohnsoDtJ Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly YLane.D Y Lane,R Y Lawrence Y Lawson
YLee Lewis
YLord Y Lucas Y Maddoi EMann Y Martin YMcBee Y McClinton Y McKinney,B
Y Milam Y Mills

Y Mobley,B
Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Y Padgett YParham YParrish
Patten Y Pelote Y Perry Y Pinholster YPoag
Polak Y Porter YPoston Y Powell
Y Purcell YRandall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stnley,L Y Stanley,P Y Stephenson
Y Streat Y Taylor YTeague YTeper Y Thomas,C YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan
Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 648 was ordered immediately transmitted to the Senate.

1468

JOURNAL OF THE HOUSE,

HB 320. By Representative Lane of the 55th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that the new license plates issued in 1995 shall bear figures, characters, sym bols, or a combination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia.

The following Committee substitute was read:

A BILL
To amend Code Section 40-2-46 of the Official Code of Georgia Annotated, relating to licensing agreements for the use of the Olympic logo for commemorative motor vehicle tags, so as to authorize the state revenue commissioner to negotiate and execute licensing agreements or other agreements for the purpose of providing special license plates to com memorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia; to establish the state's property in the commemorative design and authorize its disposition; to authorize the collection and remission of fees charged to tag purchasers; 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 40-2-46 of the Official Code of Georgia Annotated, relating to licensing agreements for the use of the Olympic logo for commemorative motor vehicle tags, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licens ing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Olympic logo on license plates or as may otherwise be neces sary or appropriate to implement this Code section. The commissioner is Fiscal Affairs Subcommittees of the Houac ef- Representatives and the Senate are authorized, on behalf of the state, to negotiate and execute any such licensing agreement ef ethef agreement necessary er appropriate te the implementation ef- this Code section. For the purpose of concluding such an agreement, the commissioner may charge fees, make pay ments, take other actions, and agree to or impose terms and conditions, which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the commemorative license plate, including promotional use and may agree to collect through local tag agents and remit to the licensor of the Olympic logo or other designs any fee or royalty the licensor may charge to the license plate purchaser for such use. The design of the commemorative license plate, excepting only the Olympic logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the own ership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner."
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 lost:

THURSDAY, MARCH 4, 1993

1469

Representative Ladd of the 59th moves to amend the Committee substitute to HB 320 as follows:
Pg. 2 line 30 after the period, insert:
"No funds shall be dispersed until after 1 September 1996, and all debts to the state settled."

The following amendment was read and adopted:

Representatives Harris of the 112th and Lane of the 55th move to amend the Com mittee substitute to HB 320 by inserting on line 11 of page 1 after the word and symbol "purchasers;" the following:
"to amend Code Section 40-2-135 of the Official Code of Georgia Annotated, relating to the revocation of motor vehicle license plates under certain conditions, so as to change the conditions under which such revocation shall be made;".
By inserting between lines 30 and 31 of page 2 the following:
"Section 1.5. Code Section 40-2-135 of the Official Code of Georgia Annotated, relat ing to the revocation of motor vehicle license plates under certain conditions, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
'(a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to hold such public office. The commissioner shall revoke any license plate purchased with a personal check which was returned because ef insufficient funds for any reason. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or few the commissioner's designated agent and register his or her vehicle as otherwise required by this chapter.'".

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:

YAshe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D Y Brooks.T
Brown YBuck Y Buckner

Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Co!eman,B
Coleman.T Y Colwell
Connell

YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S E Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W

Y Godbee Y Golden Y Goodwin Y Greene Y Groover N Hammond Y Banner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes

Y Hugley Y James Y Jamieson
Jenkins Johnson,D.H Y Johnson,E
Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence

1470

JOURNAL OF THE HOUSE,

Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley

Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
Y Pinholster YPoag
Polak Y Porter
YPorton Y Powell Y Purcell

Y Randall Y Randolph
Ray Y Reaves
Reichert
Y Roberts Y Royal E Scoggins YShanahan
Y Sherrill Y Shipp
Y Simpson Y Sinkfleld Y Skandalakis Y Skipper Y Smith.C Y Smith.L

Y Smith.P Y Smith,T Y Smith,V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,?
Y Stephenson YStreat Y Taylor YTeague YTeper Y Thomas,C YTillman

Y Titus Y Towery Y Trense Y Turnquest NTwiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R
Y Yates YYeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 332. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and others:
A resolution creating the Joint Commission on Legislative Information Man agement.

The following amendment was read and adopted:

Representatives Porter of the 143rd, Walker of the 141st and Connell of the 115th move to amend HR 332 as follows:
P. 3 line 21 strike "the adjournment sine die of the 1995 Session of the General Assembly" and in its place "December 31, 1994"
P. 3 line 26 strike following the word "than" and inserting December 31, 1994.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefleld Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown

YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker

Y Coleman.B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S EDobbs Y Dover

Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden YGoodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M YHart Y Heard

Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes
Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson.D.H
Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston

THURSDAY, MARCH 4, 1993

1471

Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd Y Lakly Y Lane.D
Y Lane.R Y Lawrence Y Lawson
YLee Lewis
YLord Y Lucas Y Maddox E Mann Y Martin Y McBee

Y McClinton Y McKinney.B Y Milam Y Mills
Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster

Poag Polak Y Porter Y Poston Y Powell Y Purcell Y Randall
Y Randolph YRay Y Reaves
Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield

Y Skandalakis Y Skipper
Y Smith.C Y Smith,L
Y Smith.P Y Smith,T Y Smith.V Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor YTeague Y Teper

Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 631. By Representative Barnes of the 33rd:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing and regulation of polygraph examiners, so as to repeal the exemptions from payment of application and licensing fees applicable to municipal, county, state, or federal employees.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing and regulation of polygraph examiners, so as to repeal the exemptions from payment of application and licensing fees applicable to municipal, county, or federal employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing and regulation of polygraph examiners, is amended by striking in its entirety Code Section 43-36-11, relating to the biennial renewal of licenses, and inserting in lieu thereof a new Code Section 43-36-11 to read as follows:
"43-36-11. (a) All licenses issued under this chapter shall be renewable biennially. (b) A polygraph examiner employed by a municipal, county, state; e* federal agency shall not be required to pay any application or licensing fees as long as his or her sole use of the polygraph is in performance of his or her official duties, provided that such polygraph examiner must be properly licensed as provided in Code Section 43-36-9. (c) All licenses shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state. The board shall issue to each licensed polygraph examiner an identification card which he must have in his possession when administering polygraph examinations at a location away from his normal place of busi ness."
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.

1472

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell
Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H
Y Dixon.S E Dobbs Y Dover Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
N Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson,G Y Johnson,J N Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley N Mueller Y Oliver Y O'Neal
Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Poag Polak Y Porter Y Poston Y Powell Y Purcell YRandall Y Randolph YRay Y Reaves Reichert
Y Roberts N Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
Smyre Snow Y StancilF Y Stancil,S Y Stanley,L Y Stanley,?
Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas,C YTillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan
Walker YWall Y Watson
Y Watts Y Westmorland Y White Y Williams.B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 712. By Representative Randall of the 127th:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act," so as to change the provisions relating to notices of the seizure of property having an estimated value of $25,000.00 or less.

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 Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong

Y Bordeaux Y Bostick
Y Breedlove N Brooks.D
Y Brooks.T Brown
YBuck Buckner
Y Bunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark

Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G

Y Davis.M Y Dickinson YDix N Dixon.H Y Dixon.S E Dobbs Y Dover Y Ehrhart YEpps N Evans Y Felton

THURSDAY, MARCH 4, 1993

1473

Y Floyd,J.M YFloyd,J.W YGodbee Y Golden Y Goodwin Y Greene
Groover Y Hammond
Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James YJamieson Y Jenkins

Johnson,D.H
YJohnson,E Y Johnson.G
Johnson,J Y Johnston
Jones N Joyce Y Kaye
Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane,D Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox E Mann Y Martin
Y McBee Y McClinton

McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller
Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
Poag Polak Y Porter Y Poston Y Powell Y Purcell
Y Randall

Y Randolph
Y Ray Y Reaves Y Reichert
Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
Smyre Y Snow Y Stancil,F
Y Stancil,S Y Stanley,L

Y Stanley.P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 680. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, is amended by striking subsection (d) of said Code section, which reads as follows:
"(d) The court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) A protective order issued pursuant to this Code section shall apply and shall be effective throughout this state. It shall be the duty of every superior court and of every sheriff, every deputy sheriff, and every state, county, or municipal law enforcement offi cer within this state to enforce and carry out the terms of any valid protective order issued by any court under the provisions of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1474

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S E Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd Y Lakly
Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox E Mann Y Martin
Y McBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley
Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter YPoston Y Powell Y Purcell Y Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith,L Y Smith,P Y Smith.T Y Smith,V Y Smith,W
YSmyre
Snow
Y Stancil,F
Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson
Y Streat Y Taylor YTeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker YWall Y Watson Y Watts Y Westmoreland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
MurphytSpkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report-

Mr. Speaker:

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

HB 929 Do Pass HR 398 Do Pass HR 255 Do Pass

SB 74 Do Pass, by Substitute

SR

7 Do Pass, by Substitute

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

THURSDAY, MARCH 4, 1993

1475

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 724 Do Pass, by Substitute HB 965 Do Pass, by Substitute HB 967 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 895 Do Pass, by Substitute HB 914 Do Pass, by Substitute HB 949 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 42 Do Pass HB 581 Do Pass HB 710 Do Pass, by Substitute

HB 957 Do Pass HB 992 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Dixon of the 168th 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 206 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Dixon of the 168th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 302 Do Pass, by Substitute
HB 883 Do Pass HB 966 Do Pass, by Substitute HR 382 Do Pass, by Substitute

HR 383 Do Pass SB 238 Do Pass SB 92 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Dover of the 9th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 800 Do Pass, by Substitute HB 928 Do Pass
Respectfully submitted, M Dover of the 9th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.